Telangana government moves Supreme Court against HC stay on 42 percent BC quota
The Telangana government has filed a Special Leave Petition (SLP) in the Supreme Court challenging the High Court’s stay on GOMs 9, which provides 42% reservations for Backward Classes in local body elections, citing constitutional provisions and population data.
Hyderabad: The State government has filed a Special Leave Petition (SLP) in the Supreme Court challenging the High Court’s stay order on GOMs 9, which provides 42 percent reservations to Backward Classes (BCs) in local body elections.
Two petitions were earlier filed in the High Court opposing the government order, arguing that it violated the 50 percent ceiling on reservations. After hearing the arguments, the High Court issued a stay on September 9.
In its SLP, the State government contended that the Constitution does not explicitly prescribe any 50 percent ceiling on reservations. Despite this, the High Court stayed the implementation of GOMs 9, the petition said. The government also cited the landmark Indira Sawhney vs Union of India judgment, pointing out that the ceiling could be exceeded under special circumstances.
It stated that all procedures mandated in the Vikas Kishanrao Gawali vs State of Maharashtra case were followed while extending 42 percent reservations to BCs. A government order was issued to increase the quota, and a comprehensive SEEPC survey was conducted to assess the extent of reservation.
According to the survey, BCs constitute 56.33 percent of the State’s population. Based on the recommendations of a commission headed by retired IAS officer B Venkateshwara Rao, the government decided to fix the reservation at 42 percent.
The Telangana BC Reservations Bill 2025 was subsequently passed by both the Assembly and Legislative Council on March 17 and 18 and sent to the Governor for assent. The Governor forwarded it to the President on March 30. Following this, the Union Home Ministry sought clarifications from the State on June 12, and the replies were submitted on July 22. Since then, the Bills have neither been returned nor approved, the State government told the Supreme Court.
The SLP further stated that if the Governor or President does not act on Bills passed by the State Legislature within three months, they are deemed to have been approved. Considering all these factors, the government urged the Supreme Court to strike down the High Court’s stay and allow the conduct of local body elections with 42 percent reservations for BCs.
