Is 42% Reservation Possible Through a Private Member Bill?

By T. Chiranjeevulu
Chairman, BC Intellectuals Forum, Retired IAS Officer.

Is this another political attempt to deceive Backward Classes (BCs) again?In India's democratic system, Parliament is the most crucial institution. Its primary responsibility is to enact laws necessary for the country. Bills are introduced in Parliament in two ways: one is a Government Bill introduced by the government, and the other is a Private Member Bill introduced by members who are not in the Cabinet. According to Article 107 of the Indian Constitution, any member of Parliament has the right to introduce a bill.

However, if we examine parliamentary history, Private Member Bills becoming laws is extremely rare. Since independence, only 14 Private Member Bills have become laws so far. The last one, in 1970, was a bill that expanded the criminal jurisdiction of the Supreme Court, which received approval. After that, for nearly five decades, thousands of Private Member Bills have been introduced in Parliament, but not a single one has become law. This means that without government support, the chances of a Private Member Bill becoming law are almost nil.

Given this background, claiming that 42% reservation for BCs in Telangana can be achieved through a Private Member Bill appears to be a political statement far removed from reality.

The 50% Reservation Limit – Supreme Court Judgment

In India, the Supreme Court imposed a 50% limit on reservations in the Indira Sawhney case (1992). According to this judgment, under normal circumstances, reservations should not exceed 50%. Therefore, if any state wants to implement reservations exceeding 50%, an ordinary law is not sufficient.

In this situation, the Tamil Nadu government obtained legal protection by including its 69% reservation law in the Ninth Schedule of the Constitution. Since then, 69% reservations have been in force in Tamil Nadu.

The Promise of 42% Reservation in Telangana

Before the elections in November 2023, the Congress party, through its Kamareddy declaration, promised to provide 42% reservation for BCs. After coming to power, it announced that it would implement it legally within six months.

Subsequently, the state government conducted a caste census, and based on the commission's recommendations, got a bill passed in the Legislative Assembly and Legislative Council. After the Governor's approval, the bill was sent to the Central Government in April 2025, requesting it to be included in the Ninth Schedule of the Constitution.

However, that proposal has been pending with the Central Government ever since.

Attempt to Implement Reservations Through GO – Legal Hurdles

While the bill was pending at the Centre, the state government announced through GO No. 9 that it would implement 42% reservations in local bodies. However, the BC Intellectuals Forum initially warned that this would not stand legally.

Subsequent developments proved the same. The High Court stayed that GO. As a result, panchayat and municipal elections were conducted without 42% reservations.

Private Member Bill – A Realistic Path?

In recent times, some Congress leaders have been announcing that they will introduce a Private Member Bill in Parliament to achieve the 42% reservation issue. However, looking at parliamentary history, the chances of this succeeding are extremely low.

Private Member Bills are usually limited to discussions only. Without the support of the Central Government, it is almost impossible for them to become laws. Especially in critical matters like constitutional amendments, the success prospects for a Private Member Bill are even lower.Therefore, a Private Member Bill may only serve to highlight the issue or attract public attention, but the chances of it becoming law in Parliament are very slim.

If the Congress Party Has Genuine Intent, What Should It Do?

If the Congress party truly has the sincere intention to provide 42% reservation for BCs, it should first convene an all-party meeting in the Tamil Nadu model. Invite all political parties to that meeting, clear their doubts, and arrive at a collective decision on BC reservations.

After that, along with representatives from all parties in the state, form an all-party delegation and take it to the Centre. Secure an appointment with the Prime Minister and demand that the Telangana bill be introduced in Parliament immediately.

Even if the Prime Minister does not grant an appointment, since the Congress party leadership is at the Centre, Rahul Gandhi should raise this issue in the Lok Sabha and wage a strong fight in Parliament. If necessary, stall Lok Sabha sessions and turn this into a national discussion. This is what BC associations, especially the BC Intellectuals Forum, have been demanding from the beginning. Instead of making that effort, the Congress party is using various tactics to divert the attention of BCs and pretend as if it is doing something great for them.

Similarly, if the BJP government is obstructing BC reservations, that fact should be clearly communicated to the people of the country. Conduct dharnas, agitations, and bandhs to create political pressure on the Centre.

Growing Doubts Among BCs

By not taking these actions and merely talking about a Private Member Bill, doubts are growing among BCs. Did the Congress party use the 42% reservation issue for votes during elections, and now is it deceiving BCs again with the same issue? Such questions are arising.

Therefore, the Congress party needs to prove its sincerity.

The Central Government Should Also Provide Clarity

At the same time, the BJP government at the Centre should clearly state its stance. The BC reservation bill sent by the state government has been pending at the Centre for the past 11 months. It should explain to the people what objections it has to including that bill in the Ninth Schedule.

Similarly, the BJP government, which implemented EWS reservations through a constitutional amendment in just one week, should tell the people of the country why it is delaying this bill related to BCs.

Even though BCs form the majority in Telangana's population, their representation in political power is still low. In such a situation, 42% reservation should become a constitutional right, not just an election promise.

The only way to achieve that is to include the law in the Ninth Schedule through a constitutional amendment.

Only if both the state government and the Central Government come forward with political resolve will this be possible. Otherwise, this issue will once again remain as a slogan to politically deceive BCs.