Hyderabad: The Telangana High Court is examining the constitutional validity of the Panchayat Raj Act, 2018, with specific focus on its applicability in scheduled areas and its conformity with the Central provisions of Panchayats Extension to Scheduled Areas Act, 1996(PESA).

A division bench comprising Chief Justice Aparesh Kumar Singh and Justice Ghouse Meera Mohiuddin heard the case on Wednesday and raised key questions on whether the State law aligns with the federal framework meant to protect tribal self-governance.

The petition has been filed by AADHAR Society, represented by Korsa Jejerambabu of Ranga Reddy district, and another challenging the alleged failure of the State to implement mandatory PESA provisions relating to district panchayats and reservation of zilla parishad chairperson posts for STs in scheduled areas.

The petitioners contend that the provisions in Part VII of the 2018 Act violate the Fifth Schedule read with Article 244(1), Articles 14 and 21, 46 and 243M(1) and 243M(4)(b). Reliance was also placed on the Supreme Court judgment in Union of India versus Rakesh Kumar (2010).

A central issue raised before the court relates to the absence of Presidential assent to the State legislation, which, the petitioners argue, is mandatory for laws affecting Fifth Schedule areas. The bench sought clarification from the State on the compatibility of Section 136 of the Act with PESA provisions and questioned the State’s authority to prescribe reservation patterns, including instances of 100% reservation for certain tribal posts.

The court observed that while the intent of empowering tribal communities is constitutionally protected, such measures must remain within the limits prescribed by federal law. It directed the State government to place detailed data and legal justification on record to support the existing reservation framework and demonstrate compliance with PESA and the Fifth Schedule.

The case was adjourned for two weeks, with the next hearing expected to focus on the legality of the reservation model and the extent of the State’s legislative competence in governing local bodies in Scheduled Areas.