GS 2 – POLITY
Context:
The Telangana government is set to propose legislation increasing reservations for Backward Classes (BCs) from 25% to 42%, raising the total reservation quota to 62%. This move challenges the Supreme Court’s 50% reservation limit.
Constitutional Basis for Reservation Limits
- Article 16(1): Ensures equal opportunity in public employment.
- Article 16(4): Allows reservations for socially and educationally backward classes if they are underrepresented in public services.
- Dr. B.R. Ambedkar’s View: Supported social justice but emphasized that reservations should remain a minority of total seats, forming the basis for the 50% cap.
Key Supreme Court Rulings on the 50% Limit
- M.R. Balaji v. State of Mysore (1962):
- Invalidated 68% reservation in Mysore’s medical and engineering colleges.
- Declared that reservation should stay within “reasonable limits”, ideally below 50%, but recognized possible flexibility.
- State of Kerala v. N.M. Thomas (1976):
- Approved a temporary exemption for SC/ST employees from passing a departmental promotion test.
- Justice Fazl Ali argued the 50% limit should not be rigid, suggesting it could be exceeded if demographic conditions justified it.
- Indra Sawhney v. Union of India (1992):
- Affirmed the 27% quota for Other Backward Classes (OBCs) based on Mandal Commission recommendations.
- Reaffirmed the 50% ceiling but allowed exceptions in “extraordinary circumstances”.
- Introduced key reforms: Exclusion of the creamy layer and prohibition of reservation in promotions.
Attempts to Exceed the 50% Reservation Cap
- Maharashtra (2021): The Supreme Court struck down the Maratha quota law, citing a lack of exceptional circumstances.
- Tamil Nadu (1993): Increased reservation to 69%, securing protection under the Ninth Schedule, which shields laws from judicial review.
- Bihar (2024): The Patna High Court struck down an attempt to surpass the 50% quota.
Telangana’s Proposal
- Kamareddy Declaration: Chief Minister Revanth Reddy pledged to increase BC reservations as part of his election promises.
- Legal Challenge: The 50% cap remains a binding precedent, making the proposal vulnerable to judicial scrutiny.
Way Forward
- Judicial Review: Telangana must provide evidence of “extraordinary circumstances” to justify surpassing the 50% cap.
- Legislative Strategy: The state could seek to place the law under the Ninth Schedule for protection against judicial review.
- Policy Alternatives: Instead of solely increasing quotas, Telangana can enhance economic and educational support for backward communities.
- National Debate: Growing discussions about revising the 50% cap in light of changing socio-economic realities.