Telangana likely to move SC on quota cap

The government is said to be of the view that the State Legislatures should be allowed to determine the quantum of reservations depending upon the circumstances prevailing in respective States

Hyderabad: The State government is reportedly planning to approach the Supreme Court seeking a review of the Indira Sawhney judgement and lifting the 50 per cent cap imposed on reservations in 1992. The government is said to be of the view that the State Legislatures should be allowed to determine the quantum of reservations depending upon the circumstances prevailing in respective States.

Sources said the State government was considering the proposal amidst increasing demand for implementation of reservations for different socially and economically backward sections in Telangana State. It may be recalled that different reservations are being implemented in the country, despite the issue being examined by the Apex Court.

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The State government is of the opinion that the conditions including population, socio-economic conditions and other issues are different for all the States. As a result, the Indira Sawhney judgement cannot be applied for all the States like North Eastern States which have more than 50 per cent tribal population or Other Backward Classes (OBCs) in other States. The social circumstances also change over time in view of different population growth rates among different communities, the sources said.

Experts point out that the Constitution does not have any provision pertaining to the upper limit on reservations. They stated that the 102nd Constitutional amendment resulting in insertion of Article 342 (A) takes away the powers of State Legislatures to include any deserving communities in the list of OBCs and accordingly enhance the reservation percentage for different communities, which can go beyond 50 per cent cap fixed by the Supreme Court in the Indira Sawhney judgement.

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