Telangana High Court Mandates 42% OBC Quota in Local Bodies, Strict Adherence to 50% Cap

In a pivotal ruling, the Telangana High Court has unequivocally directed the state government to implement a 42% reservation for Backward Classes (BCs) in local bodies, but with a crucial caveat: this enhanced quota must strictly adhere to the overarching 50% reservation cap mandated by the Supreme Court.

A division bench comprising Justice Alok Aradhe and Justice T Vinod Kumar delivered this significant directive while addressing a series of petitions challenging the state government's earlier order (GO 24).

This order, issued in 2021, had sought to increase BC reservation from the existing 34% to 42% based on a report from the Backward Classes Commission. The move was designed to ensure greater representation for OBCs in grassroots democratic institutions.

However, the proposed increase immediately drew legal scrutiny.

Petitioners argued vociferously that raising the BC quota to 42% would inevitably push the cumulative reservation for Scheduled Castes (SCs), Scheduled Tribes (STs), and Backward Classes well beyond the 50% threshold. They highlighted that such an action would directly contravene established Supreme Court precedents, particularly the landmark verdict in the K.

Krishnamurthy case, which explicitly limited total reservations in local bodies to 50%.

The High Court, in its considered judgment, affirmed the state's prerogative to proceed with the 42% reservation for BCs. However, it made it abundantly clear that this implementation is contingent upon an ironclad guarantee that the combined reservation for BCs, SCs, and STs across all categories does not, under any circumstances, exceed the constitutionally sanctioned 50% limit.

This directive underscores the judiciary's commitment to balancing affirmative action with legal parameters.

Previously, the High Court had suspended GO 24 and mandated that local body elections proceed with the then-existing 34% BC reservation. This fresh order now compels the state government to meticulously re-evaluate and adjust its reservation policies to align with the court's latest directions.

The bench has instructed the state to issue a new notification for reservations, reflecting these judicial mandates, and subsequently to conduct elections to local bodies in strict compliance with the updated framework.

This ruling carries profound implications for local governance and electoral processes in Telangana.

It not only reaffirms the judiciary's role in upholding constitutional principles but also ensures that the quest for equitable representation for Backward Classes is pursued within the precise boundaries of legal precedent, preventing any unintended overreach in reservation percentages.