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Expanding Backward Classes (BC) Reservation in Telangana
Context:
The Telangana government has passed a resolution to increase Backward Classes (BC) reservation to 42%, raising the total reservation in the state to 67%. This move aims to promote social justice and address historical disadvantages faced by BC communities. However, it raises significant constitutional, legal, and political considerations.
Legal and Constitutional Dimensions
- Supreme Court’s 50% Cap on Reservation
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- The Indra Sawhney judgment (1992) set a 50% ceiling on reservations.
Comparison with Other States
- Tamil Nadu provides 69% reservation, protected under the Ninth Schedule.
- Karnataka, Rajasthan, and Maharashtra have also attempted to surpass the 50% limit but faced legal challenges.
- Exceptions to this cap have been made only in extraordinary circumstances. Recent attempts by Maharashtra (Maratha quota) and Bihar (caste-based reservation increase) were struck down by the Supreme Court.
- Ninth Schedule Protection
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- If the Telangana government requests central intervention to place the law under Schedule IX of the Constitution, it may gain immunity from judicial review.
- However, even laws under the Ninth Schedule can be reviewed if they violate the basic structure of the Constitution.
Socio-Economic Rationale for Increased Reservation
- Demographic Justification
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- BCs constitute a majority in Telangana’s population, demanding proportional representation.
- The recent caste census in Bihar has reignited debates on reservation based on contemporary socio-economic data.
- Social Backwardness and Development Deficit
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- Despite political participation, BCs face educational and economic backwardness.
- Increased reservation aims to improve access to higher education and employment opportunities.
Political Implications
- Electoral Strategy
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- The move is likely to mobilise BC voters in Telangana.
- Political parties may use this as a precedent to demand similar reservations in other states.
- National-Level Repercussions
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- The demand for a nationwide caste census and reservation realignment may gain traction.
- The central government may face pressure to amend the Constitution for accommodating higher reservations.
Challenges and Counterarguments
- Judicial Scrutiny
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- The Supreme Court may strike down the law if it violates the 50% limit.
- Previous cases show reluctance in allowing unrestricted expansion of reservations.
- Economic Concerns
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- Critics argue that economic empowerment programs should complement or replace reservations.
- A focus on skill development and affirmative action policies may be more effective.
- Balancing Merit and Social Justice
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- Reservation expansion must balance equity with efficiency.
- A merit-based approach, with targeted welfare schemes, could address BC concerns without exceeding constitutional limits.
