Learning from Bihar: How Telangana Can Secure Its 42% OBC Quota

Telangana’s reservation landscape shifted dramatically on March 17, 2025, when the state Assembly passed two landmark bills: the Telangana Backward Classes, Scheduled Castes & Scheduled Tribes (Reservation of Seats and Appointments) Bill, 2025 and the Telangana Backward Classes (Reservation in Rural and Urban Local Bodies) Bill, 2025. These laws boosted OBC quotas to 42%, alongside 18% for Scheduled Castes (SCs) and 10% for Scheduled Tribes (STs), pushing the total reservation to 70%—well beyond the Supreme Court’s 50% ceilingProdiguous cap. Backed by a caste survey showing OBCs constitute 56.36% of the state’s population, the state now seeks to place these laws in the Ninth Schedule of the Constitution, a move aimed at shielding them from judicial review. But the path forward is anything but smooth.

Based on Bihar’s experience with its reservation policies—particularly the judiciary’s rejection of the state’s attempt to increase quotas to 65% in 2024—and the broader hurdles encountered, here are targeted recommendations for Telangana’s leadership as it navigates its own 42% OBC reservation push and Ninth Schedule ambitions. These draw lessons from Bihar’s legal setbacks, political missteps, and implementation challenges, offering a roadmap to strengthen Telangana’s approach.

Recommendations for Telangana’s Leadership

1. Build a Robust Legal Foundation

• Context from Bihar: The Patna High Court invalidated Bihar’s 65% quota in June 2024, criticizing the state for relying solely on its caste survey’s population figures (OBCs and SCs at 63%) without linking them to specific indicators of backwardness—like literacy rates, employment gaps, or public sector underrepresentation. The court called it a “mechanical exercise” lacking the “extraordinary circumstances” required to breach the 50% cap set by Indra Sawhney (1992).
• Elaboration for Telangana: Telangana’s caste survey (OBCs at 56.36%) is a strong start, but raw population data won’t suffice. Leadership should commission a comprehensive study by a panel of sociologists, economists, and legal scholars to map OBC disadvantage across metrics: school dropout rates, unemployment, income disparities, and access to government jobs. For example, if OBCs lag significantly behind the general category (15.79%) in higher education completion, this could justify exceeding 50%. The study should also compare Telangana’s backwardness to states within the 50% limit, proving a unique need.
• Ninth Schedule Strategy: The 2007 I.R. Coelho ruling means Ninth Schedule laws aren’t immune if they violate equality or merit. Telangana should embed safeguards in its bills—like a sunset clause (e.g., review after 10 years) or a merit protection mechanism (e.g., minimum qualifying standards)—to show the policy respects the Constitution’s basic structure. This preemptive framing could deter challenges or sway courts if they arise.
• Actionable Step: Appoint a task force within 30 days to produce this report, ensuring it’s ready before Parliament debates the amendment.

2. Engage Expert Legal Counsel Early

• Context from Bihar: Bihar’s legal team failed to anticipate judicial pushback, presenting a hastily assembled case that crumbled under scrutiny. The High Court noted the state didn’t consult experts to align its policy with Indra Sawhney’s proportionality test or address merit concerns, leaving it defenseless.
• Elaboration for Telangana: Telangana must hire a dream team of constitutional heavyweights—think Faizan Mustafa, Gopal Sankaranarayanan, or former Supreme Court judges like Madan Lokur—to craft an ironclad defense. This team should dissect past rulings: Indra Sawhney for the 50% cap, Coelho for Ninth Schedule limits, and Neil Aurelio Nunes (2022) for data-driven exceptions. They’d ensure the caste survey translates into a legally defensible narrative, not just a statistic.
• Mock Challenges: Conduct war-game simulations—mock Supreme Court hearings with retired judges—to expose weaknesses. For instance, if opponents argue 70% quotas kill merit, the team could counter with evidence of OBC underrepresentation in senior roles despite existing quotas. This preparation could also refine legislative language to withstand scrutiny.
• Actionable Step: Contract counsel within two weeks, tasking them with a legal audit of the bills by May 2025, ahead of central discussions.

3. Strengthen Political Consensus

• Context from Bihar: Bihar’s coalition government (JD(U)-BJP) faced internal friction, with the BJP lukewarm on the quota hike and the opposition RJD demanding 75%. This lack of unity weakened lobbying efforts, and the center didn’t intervene when the High Court struck it down.
• Elaboration for Telangana: CM Revanth Reddy’s all-party delegation to PM Modi is smart, but it needs teeth. Secure written commitments from the BJP’s national leadership—perhaps tying it to their OBC outreach in southern states—before Parliament votes. Within Telangana, negotiate with BRS (e.g., limit contract quotas to 20% initially) to unify state voices. Congress should also pitch this as a national pilot, pressuring BJP to avoid contradicting its own social justice rhetoric.
• Public Pressure: Use media and civil society organisations to amplify public demand for BJP clarity, echoing BIP’s call. A campaign like “Will BJP Stand with Telangana’s OBCs?” could force a response, avoiding Bihar’s silent-partner trap.
• Actionable Step: Convene an all-party meeting by mid-April 2025, aiming for a joint resolution to present in Delhi by June.

4. Anticipate and Mitigate Implementation Hurdles

• Context from Bihar: Bihar rolled out its quota without infrastructure—schools and jobs couldn’t absorb the influx—sparking protests from general category youth and logistical chaos. The High Court later cited this strain as evidence of poor planning.
• Elaboration for Telangana: A 70% quota demands capacity. Leadership should phase it in: start with education (e.g., 42% OBC seats in universities by 2026), then jobs (2027), giving time to build colleges, hire staff, and train recruits. Fund this with a dedicated budget—say, ₹5,000 crore over five years—to avoid quality dips. Publicly address the 30% left out via town halls, promising skill programs or open-category incentives, unlike Bihar’s reactive damage control.
• Monitoring Mechanism: Set up an independent oversight body—experts, not politicians—to track outcomes yearly. If OBCs dominate beyond their backwardness level (e.g., 60% of IAS posts), adjust sub-quotas dynamically, showing courts a self-correcting system.
• Actionable Step: Announce a phased rollout plan by July 2025, with a pilot report on education quotas by December 2026.

5. Draw from Tamil Nadu’s Playbook, Not Bihar’s

• Context from Bihar vs. Tamil Nadu: Bihar’s post-2007 failure contrasts with Tamil Nadu’s 69% quota, locked in the Ninth Schedule in 1994 before Coelho tightened scrutiny. Tamil Nadu leaned on historical Dravidian policies; Bihar had no such legacy and floundered.
• Elaboration for Telangana: Telangana lacks Tamil Nadu’s pre-independence roots but can modernize the model. Sub-classify OBCs (like its SC precedent in 2024) to target the most backward within the 56.36%, showing precision over blanket quotas. Present this as a 21st-century evolution—data-driven, not dogmatic—contrasting Bihar’s blunt approach. Highlight Telangana’s survey as a national benchmark, unlike Tamil Nadu’s static framework.
• Actionable Step: Publish a white paper comparing Telangana’s approach to Tamil Nadu’s, pitching it as a progressive upgrade.

6. Prepare for Supreme Court Escalation

• Context from Bihar: Bihar’s Supreme Court appeal in July 2024 faltered when justices refused interim relief, citing the High Court’s thorough dismantling. The state wasn’t ready for escalation.
• Elaboration for Telangana: Assume the High Court will challenge this; plan for the Supreme Court from day one. Draft a fallback—e.g., cap at 50% with OBC sub-quotas—if Ninth Schedule fails. File preemptive caveats to block stays, and seek interim orders protecting ongoing recruitments (e.g., teacher hires under the new quota). Use the caste survey to argue “compelling state interest,” a tactic Bihar missed.
• Actionable Step: Prepare a Supreme Court petition skeleton by June 2025, ready to file if a challenge emerges post-Parliament.

Why This Matters

Bihar’s 2024 flop

—rooted in weak data, 

no legal prep, 

shaky politics, 

and implementation blind spots

—offers Telangana a cautionary blueprint. 

By fortifying its case with granular evidence, elite counsel, unified politics, phased execution, a modern twist on Tamil Nadu, and Supreme Court readiness, leadership can dodge Bihar’s fate. This isn’t just about 42% for OBCs—it’s about proving affirmative action can evolve without breaking. Get it right, and Telangana leads; get it wrong, and it’s back to square one.