Telangana Reservation

02.09.2025

Telangana  Reservation

Context

The Telangana Assembly has passed legislation providing 42% reservation for Backward Classes (BCs) in local-body elections. Related Bills and an ordinance with similar provisions are currently awaiting Presidential assent.

Legislative Development

• Bills Passed:
   
  • Telangana Municipalities (Third Amendment) Bill, 2025
     
  • Telangana Panchayat Raj (Third Amendment) Act, 2025
     
• Purpose: Implement 42% reservation for BCs in local-body elections
   
• Pending Assent: Earlier Bills and ordinances with similar provisions remain under Presidential consideration
   

Constitutional and Judicial Context

• Indra Sawhney v. Union of India (1992):
   
  • Total reservation for SCs, STs, and OBCs capped at 50%, except in extraordinary cases supported by scientific data
     
  • Introduced the creamy layer principle for OBCs
     
• Implication for Telangana:
   
  • Reservation exceeding 50% may face judicial scrutiny
     

Basis for Reservation

• Telangana government relies on the Socio-Economic, Educational, Employment, Political, and Caste (SEEEPC) Survey covering all households
   
• Survey intended to provide a scientific justification for increasing BC reservation
   

Procedural Aspect

• Article 200: Governor may reserve a State Bill for President’s consideration
   
• Some Telangana Bills and an ordinance are pending Presidential approval
   
• Not all state laws require Presidential assent — only those reserved by the Governor

Conclusion

Telangana’s legislation aims to enhance BC representation in local bodies, backed by scientific surveys. However, the move surpasses the 50% reservation ceiling, making it potentially subject to judicial review.