The push for 42 percent BC reservations stems from the Congress party’s 2023 poll promise, famously called the “Kamareddy Declaration.”
Published Aug 26, 2025 | 4:51 PM ⚊ Updated Aug 26, 2025 | 6:08 PM
Supreme Court
Synopsis: The affidavit was filed by Telangana following a directive from a Constitutional Bench led by Chief Justice BR Gavai, alongside Justices Surya Kant, Vikram Nath, PS Narasimha, and AS Chandurkar, which sought opinions from all state governments on 12 issues raised in the President’s reference.
In a last-ditch effort to fulfill its electoral promise of 42 percent reservations for Backward Classes (BCs) in local body elections, the Telangana government has filed a 27-page affidavit with the Supreme Court, challenging the merit of the President’s reference seeking a review of the court’s 8 April judgment.
The landmark verdict mandated that Governors and the President should decide on bills pending before them under Articles 200 and 201 of the Constitution within three months. The affidavit, submitted in response to a Supreme Court directive to the states, underscores Telangana Congress’ attempts to save its face.
The Telangana government’s affidavit argued that the President’s reference, made on 13 May, lacks judicial merit and should be dismissed. It urged the Supreme Court not to alter its ruling in the State of Tamil Nadu case, which set clear deadlines for Governors and the President to act on pending bills.
The affidavit was filed by Telangana following a directive from a Constitutional Bench led by Chief Justice BR Gavai, alongside Justices Surya Kant, Vikram Nath, PS Narasimha, and AS Chandurkar, which sought opinions from all state governments on 12 issues raised in the President’s reference.
The Telangana government contends that delaying bills without approval undermines the state legislature’s authority, as enshrined under Article 246(3). It further argues that the Governor’s discretionary powers are limited, and the State of Tamil Nadu and State of Punjab judgments provide constitutional safeguards to prevent such delays.
The push for 42 percent BC reservations stems from the Congress party’s 2023 poll promise, famously called the “Kamareddy Declaration.”
In March 2025, the Telangana Assembly passed two bills enhancing BC reservations to 42% in local bodies, education, and employment, based on a caste census indicating that 56% of the state’s population belongs to BC communities, including BC Muslims.
These bills, however, remain pending with the President. Besides, an ordinance to amend Section 285A of the Telangana Panchayat Raj Act, 2018, which caps total reservations at 50% as per Supreme Court guidelines, is stuck at Raj Bhavan, awaiting Governor Jishnu Dev Varma’s approval.
The Governor has referred the ordinance to the President, citing concerns over exceeding the 50% reservation ceiling established in the Indra Sawhney case (1992).
To navigate these challenges, the Telangana Pradesh Congress Committee’s Political Affairs Committee convened in Hyderabad recently, strategised expediting the bills’ clearance.
A ministerial committee, led by Deputy Chief Minister Mallu Bhatti Vikramarka, consulted Congress General Secretary KC Venugopal on 25 August to explore options for implementing the 42 percent quota in local body elections, as mandated by the Telangana High Court to be held by September 30.
Discussions focused on the feasibility of unofficially allocating 42 percent of tickets to BC candidates, given the pending bills and ordinance. The committee aims to demonstrate to BC communities that the Congress has exhausted all legal avenues, potentially shifting blame to the BJP-led Centre for delay.
The committee also sought advice from Congress Rajya Sabha MP and senior Supreme Court advocate Abhishek Manu Singhvi, elected from Telangana.
Speaking to the media, Vikramarka revealed that Singhvi provided critical suggestions on navigating the legal complexities surrounding the reservations.
The urgency is driven by the High Court’s directive to finalise the reservation process by July’s end, a deadline which the government has already missed, causing a governance vacuum at the grassroots level.
“We have discussed various aspects of the issue with Abhishek Manu Singhvi. He gave us his suggestions. We will discuss all the options available before us and submit them in the form of a report to the state cabinet which will take a final call at its meeting on 29 August,” Vikramarka told media persons later.
Over Rs 1,600 crore in Finance Commission funds remain frozen, as local bodies lack elected representatives. BC leaders, including R Krishnaiah of the National BC Welfare Association, have warned of protests if the 42 percent quota is not legally implemented, rejecting “party-based” reservations as unconstitutional.
Critics, including BRS leaders, accuse the Congress of political maneuvering to avoid accountability, alleging the ordinance violates the Supreme Court’s directives on providing OBC reservations.
Meanwhile, the state government is understood to have decided to convene Assembly sessions on 30 August where it intends to discuss Justice PC Ghose Commission report on irregularities in the construction of Kaleshwaram Lift Irrigation Scheme.
The government is expected to provide copies of the full report of the Commission to the members.
(Edited by Amit Vasudev)
