The Supreme Court dismissed the Telangana government's plea to increase OBC reservation. The Court reminded that the maximum limit for reservation is 50 percent. Consequently, Chief Minister Revanth Reddy will not be able to implement the 42% OBC quota in local body elections.
Hyderabad: The Congress government led by Chief Minister Revanth Reddy in Telangana has suffered a major setback from the Supreme Court in its attempt to increase OBC reservation. On Thursday, the Supreme Court dismissed the state government's plea, in which the Telangana government had sought to lift the High Court's interim stay.
The apex court reminded the state government that the maximum limit for reservation is set at 50 percent. This decision could impact the Jubilee Hills assembly by-election and local body elections in Telangana. Now, the Revanth Reddy government will not be able to implement 42 percent reservation for OBCs.
Setback for Congress on Telangana Model
After forming the government in Telangana, the Revanth Reddy government had decided to increase the OBC quota based on caste census. This initiative was also supported nationally by Congress leader Rahul Gandhi and discussed at the Congress session held in Ahmedabad, Gujarat.
A 42 percent reservation for OBCs was announced for local body elections, but the High Court imposed an interim stay when it was challenged. The Telangana government attempted to have this stay lifted by the Supreme Court, but the apex court dismissed it.
High Court's Order on Reservation
The High Court had asked the state government to explain how the total reservation could amount to 67 percent, given that the Supreme Court's landmark Indra Sawhney judgment of 1992 fixed the reservation limit at 50 percent.
Some petitioners had argued that providing 42 percent reservation to OBCs would lead to a total reservation of 67 percent, which violates the rules set by the court. Based on this, the High Court imposed the stay.
Supreme Court's Clear Directive
A Supreme Court bench comprising Justices Vikram Nath and Sandeep Mehta dismissed the Telangana government's plea against the High Court's October 9 order. The court clarified that the maximum limit for reservation cannot exceed 50 percent.
The Supreme Court rejected the state government's claim, stating that policy decisions must also fall within the ambit of the Constitution and law. This implies that the government cannot arbitrarily increase reservations.
