Dr. Tirunahari Seshu
The local body elections held for the first time in Telangana in 2019 were marred by controversies, and the upcoming second round of local elections is also turning controversial. Notably, the reason for the controversies in both instances is the issue of BC (Backward Classes) reservations. Despite the legal ambiguity surrounding BC reservations, the government has issued G.O. No. 9, providing 42% reservations for BCs and preparing for local elections starting October 9. However, with court cases pending, there is widespread discussion across political circles in the state about whether the elections will proceed and what the court’s verdict on the reservation issue will be. The government is determined to conduct elections for 12,760 gram panchayats, 5,763 MPTCs, and 565 ZPTCs, but doubts persist about how it can hold elections without resolving the BC reservation issue. It is worth noting that states like Maharashtra and Madhya Pradesh have also been unable to conduct local elections due to unresolved BC reservation issues.
What Are the Obstacles to the Elections?
During the 2023 Telangana Assembly elections, the Congress Party, in its Kamareddy BC Declaration, promised to provide 42% reservations for BCs in local bodies if it came to power. After assuming power, the government drafted and unanimously passed a bill in the state assembly to provide 42% BC reservations and sent it to the President of India, but no decision has been made on it yet. The Telangana Panchayat Raj Act of 2018 stipulates, under Section 285(A), that reservations must not exceed 50%. An amendment bill to revise this section was passed in the assembly but remains pending with the Governor. In this context, the state government issued a special G.O. No. 9 to provide 42% reservations and announced the election schedule. However, since the reservations exceed the 50% limit, B. Madhava Reddy of the Reddy Jagruti organization raised objections and filed a petition in the Telangana High Court. The court accepted the petition for hearing and postponed the full hearing to October 8.
While the case is under review in the Telangana High Court, the state government announced that ZPTC and MPTC elections will be held in two phases starting October 9, and gram panchayat elections in three phases. This has sparked discussions across the state about whether the elections will proceed as per the G.O. and what the court’s verdict will be.
The G.O., comprising 12 points, cites Article 243(D)(T) of the 1994 Act, stating that the state government has the authority to provide reservations. However, it also specifies that reservations must comply with legal provisions and be based on the recommendations of a dedicated commission, as per the 2010 Supreme Court ruling requiring a "triple test" for reservations. The G.O. mentions the dedicated commission but fails to adhere to legal provisions and Supreme Court rulings, and the amendment to Section 285(A) of the 2018 Telangana Panchayat Raj Act has not been made. Consequently, courts may not permit elections based on this G.O. Even if the court stays the G.O. or finds fault with it, the chances of holding elections appear slim. If the court orders elections to proceed as per the 2019 reservation framework, it could create an embarrassing situation for the government.
Do Not Obstruct Reservations
Reservations were introduced to provide opportunities to marginalized castes and communities. Just as reservations have been provided for SCs and STs in legislatures, there has been a decades-long demand to provide reservations for BCs in legislatures, but this demand remains unfulfilled. In 1994, Article 243 mandated reservations for BCs in local bodies. Until the last local elections in united Andhra Pradesh in 2013, 34% BC reservations were implemented. However, following the 2010 Supreme Court ruling, BC reservations in Telangana’s 2019 local elections dropped from 34% to 23%. Due to the lack of reservations in legislatures, despite BCs constituting 56% of the population, only 21 MLAs represent them in the Telangana Assembly, while a single upper-caste community, comprising 4% of the population, has 43 MLAs. This highlights the necessity of reservations. Of the 134 BC castes in Telangana, 80 have never had the opportunity to hold the position of gram panchayat president. Providing 42% reservations to BCs, who make up 56% of the population, should be considered a matter of social justice. Regardless of legal constraints, individuals and communities that respect social justice should not obstruct BC reservations. Communities that have held power for 69 years should not hinder BCs from receiving their rightful share, as this would further strengthen social unity.
What Will the Court’s Verdict Be?
The court’s verdict on the 42% reservation issue is a topic of great interest in the state. Court rulings and hearings are based on existing laws and past judgments. The 1992 Supreme Court ruling, the 1994 guidelines and regulations for local body reservations, the 2010 Supreme Court’s triple test for providing reservations, and the rulings of the Telangana High Court and Supreme Court regarding reservations under the 2018 Telangana Panchayat Raj Act will be considered. Therefore, opinions are emerging that it is nearly impossible to conduct elections as per the reservations proposed in G.O. No. 9. The weak recommendations of the dedicated commission and the lack of amendment to Section 285(A) could pose significant obstacles to the government’s efforts to implement reservations during the case hearing. Drawing from Tamil Nadu’s experience, reservations must be achieved through a parliamentary process with coordination between the central and state governments in a legal framework. If 42% reservations are achieved, BCs would secure 55,280 local body positions, including ward posts. However, if obstacles to reservations persist, weaker sections, with 73% (23% + 50%) of the population, will need to compete in 96,083 positions to demonstrate their political strength to parties and governments. There is evident awareness among BC communities at the grassroots level regarding this necessity.
Dr. Tirunahari Seshu can be reached at 9885465877(M)
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