Telangana’s Reservation Bill

February 27, 2025

Recently, the Congress party in Telangana is expected to introduce a Bill aimed at increasing reservations for Backward Classes from 25% to 42%. This move would elevate the total reservation percentage in local bodies, public employment, and education to 62%. The initiative follows the ‘Kamareddy Declaration’ signed by Chief Minister Revanth Reddy before the 2023 elections. However, this proposal may face legal challenges similar to those encountered by Bihar when it attempted to exceed the Supreme Court’s established 50% ceiling on reservations.

Historical Context of the 50% Ceiling

The 50% ceiling on reservations in India has its roots in the deliberations of the Constituent Assembly. Dr B R Ambedkar, a key architect of the Constitution, advocated for reservations while emphasising the need for a balance. He argued that reservations should not dominate public employment. His stance laid the groundwork for the principle that reservations must remain within reasonable limits.

Key Supreme Court Judgements

Several landmark judgements have defined the 50% reservation ceiling:

M R Balaji vs State of Mysore (1962): The Supreme Court invalidated a 68% reservation for backward classes in Karnataka. The court established that reservations must be within reasonable limits, suggesting that they should generally not exceed 50%.
State of Kerala vs N M Thomas (1976): This case upheld temporary exemptions for Scheduled Castes and Scheduled Tribes. Justice Fazl Ali questioned the rigidity of the 50% ceiling, suggesting it could be breached under certain circumstances to achieve equality.
Indra Sawhney vs Union of India (1992): The court upheld a 27% quota for Socially and Economically Backward Classes while reiterating the 50% ceiling. However, it allowed for flexibility in exceptional cases, suggesting that the ceiling is not inflexible.

Attempts to Breach the Ceiling

Various states have attempted to implement reservations exceeding the 50% limit but have faced legal hurdles. Notably, in 2021, the Supreme Court struck down Maharashtra’s Socially and Educationally Backward Classes Act, which aimed to reserve seats for the Maratha community beyond the ceiling. Conversely, Tamil Nadu has successfully maintained a reservation quota of 69% since 1990 by placing its law in the Ninth Schedule, which protects it from judicial review.

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