All eyes on Delhi as 42% BC quota faces SC scrutiny

Hyderabad: The spotlight on political and legal implications of Telangana’s decision to implement a 42 per cent reservation for the Backward Classes (BCs) in the elections to local bodies has now shifted to the national capital, with the Supreme Court preparing to hear on Monday a petition challenging the move. The state government’s bold step, formalised through Government Order (G.O. No. 9) on September 26, has ignited a constitutional debate over the permissible limits of affirmative action. Vanga Gopal Reddy, a resident of Sircilla, filed the petition against the BC quota in the apex court.

At the heart of the controversy is the state’s reliance on the Socio-Economic, Educational, Employment, Political and Caste (SEEEPC) survey, which found that BCs constitute 56.33 per cent of Telangana’s population. Based on these findings, a one-man commission recommended a 42 per cent quota in local bodies, prompting the government to raise BC representation from the existing 23 per cent to 42 per cent. However, this increase pushes the total reservation beyond the 50 per cent ceiling set by the Supreme Court in previous landmark judgments. The Telangana High Court, in late September, questioned the urgency of issuing G.O. No. 9, especially since the constitutional amendment bills required to support the quota hike were still awaiting assent from both the Governor and the President. And, a separate plea is pending before the TG High Court. Despite this, the state government has proceeded with the government order ahead of the elections to local bodies, citing the need to restore democratic functioning in rural governance.

Legal challenges have now reached the Supreme Court, where the petitioner is likely to argue that the proposed move violates established constitutional safeguards and sets a precedent for unchecked expansion of quotas. The hearing will test the boundaries of reservation jurisprudence and the role of empirical data in shaping affirmative action policies.

The Telangana government previously defended its decision, asserting that the SEEEPC survey provides a robust and data-driven justification for exceeding the 50 per cent cap.

Officials argue that the quota expansion is essential to ensure equitable representation for BCs, who remain underrepresented in local governance structures. The government has also pointed to the paralysis in rural administration due to delayed elections and inadequate representation.

Legislatively, the state Assembly passed bills in March 2025 to increase BC reservations in education, employment, and local bodies to 42 per cent. In August, additional bills were introduced to remove the 50 per cent cap specifically for elections to local bodies. Both sets of bills are awaiting Presidential assent, adding to the legal and procedural complexity.

The ruling party has taken a combative stance, demanding swift approval from the Centre and accused opposition forces of obstructing social justice reforms. The state unit of the BJP is up in arms against the state government, accusing it of using the BC reservations to provide religion-based reservations to Muslims.

As the legal battle unfolds in Delhi, the outcome of the Supreme Court hearing will have far-reaching implications- not just for Telangana, but for other states considering similar recalibrations of reservation policy based on contemporary caste demographics.