Hyderabad: Former chairman of Telangana Commission for Backward Classes, Vakulabharanam Krishna Mohan Rao, demanded the Congress govt to prepare a robust legal defence, if required, to argue its case for 42% reservations for the backward classes.
In a letter to Rahul Gandhi, leader of the opposition in Lok Sabha, Mohan Rao said the Telangana govt and Congress party, along with like-minded political parties, should engage with the Central govt to amend the Constitution, allowing the state to implement the enhanced quota for BCs.
“If legal challenges arise, the state must be prepared with a robust legal defence, ensuring BC reservations are enforced through an evidence-based and legally sound approach. The Supreme Court, in the Indra Sawhney case, established a 50% cap on reservations but also clarified that exceptions can be made under special circumstances. The caste census conducted by the Telangana govt confirmed that BCs constitute 56.33% of the state’s population. Based on these demographics, keeping in view the past judicial rulings, and the BC reservation bills passed by the Telangana Assembly, the state govt possesses full legal authority to implement 42% reservations for BCs,” he said.
He urged Rahul Gandhi to issue clear directions to chief minister A Revanth Reddy to expedite the legal and administrative enforcement of these reservations. Telangana must take the lead by fully implementing 42% BC reservations, setting an example for the entire country. The Parliament must pass a bill incorporating these reservations into the 9th Schedule of the Constitution, ensuring legal protection against judicial review. “The Prime Minister should also take proactive steps to facilitate this process,” he said.
Referring to the constitutional provisions, he said Articles 243 D (6) and 243 T (6) empower state govts to implement BC reservations in local body elections. “The Indra Sawhney Case (1992) allowed reservations beyond 50% under exceptional conditions, and the IR Coelho Case (2007) asserted that laws included in the 9th Schedule must not violate the basic structure of the Constitution,” he said.
To legally fortify and statistically validate the case for 42% BC reservations, the recommendations of the two BC commissions in Telangana and one committee must be officially endorsed and fully implemented by the govt without further delay.
These reports offer in-depth socio-economic, political, and statistical analyses of BC conditions, making them critical to policy execution. Without their official adoption, the legal and empirical justification for 42% BC reservations may be weakened.
Therefore, the Telangana govt must formally approve these reports and leverage their findings to present an indisputable legal case for BC reservations. The state govt should officially adopt and act upon these expert recommendations immediately.
