
Telangana's BC quota dilemma: Will Governor approve ordinance amid legal hurdles?
The Supreme Court's precedent on reservation limit too casts a shadow over the issue, regardless of the supporting empirical data and the Dedicated Commission's recommendations to enhance reservations.
The apprehension of the government comes in the wake of Jishnu Dev Varma sending two Bills — the Telangana Backward Classes (Reservation of Seats in Rural and Urban Local Bodies) Bill 2025, and the Telangana Backward Classes, Scheduled Castes, and Scheduled Tribes (Reservation of Seats in Educational Institutions and of Appointments or Posts in the Services Under the State) Bill, 2025 which were passed in the State Legislature to enhance BC reservations to 42% — to President Droupadi Murmu.
Draft Bill on amendment to Telangana PR Act
According to sources, the Law department has prepared a draft Bill to promulgate an ordinance to amend the Telangana Panchayat Raj Act, 2018, which would be presented during the Cabinet meeting on Thursday (July 10).
The amendment would be confined only to the provisions which fixed a cap on reservations for SC, ST and BC communities, sources added.
The Governor should prorogue the Fifth Session of the Third Telangana Legislative Assembly (Budget session) for the government to promulgate an ordinance. While there is a precedent set forth by the Supreme Court not to exceed the reservations by 50%, the state government is likely to present the outcome of the Socio Economic, Education, Employment, Political and Caste Survey to be the reasons to exceed that limit. Nevertheless, the legal and constitutional implications of exceeding the 50% threshold remain contentious.
Timing and legality of local body elections
Sources said that the Cabinet is also expected to deliberate on multiple scenarios, ranging from the President granting assent to the possibility of her withholding it. Either possibility carries significant consequences for the timing and legality of local body elections.
With the clock ticking towards the September deadline set by the HC, the coming days will be crucial in determining whether the government can navigate the legal complexities to implement its reservation agenda or if it will be forced into a political recalibration.
Hashtags

Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles


Time of India
11 minutes ago
- Time of India
Delhi govt files review plea in Supreme Court against blanket ban on ELVs
Delhi govt on Friday filed a review application in the Supreme Court, seeking reconsideration of the 2018 blanket ban on diesel vehicles older than 10 years and petrol vehicles older than 15 years in Delhi-NCR. Environment minister Manjinder Singh Sirsa said the matter is listed for Monday. The application requests the apex court to direct the Central govt or the Commission on Air Quality Management (CAQM) to conduct a comprehensive scientific study evaluating the actual environmental benefits of the age-based ban. It also seeks assessment of the feasibility and fairness of a blanket restriction across vehicle categories and technologies, and whether the policy meaningfully contributes to air quality improvement in the NCR, compared to targeted emission-based measures. Delhi govt argued that the current system enforces collective compliance without individual assessment of pollution levels or roadworthiness. "This approach does not align with the objective of reducing pollution," the application stated, adding that the directive disproportionately affects middle-class citizens whose vehicles may be less used, well-maintained, and compliant with emission norms. The 2015 National Green Tribunal order banning such vehicles was upheld by the Supreme Court in 2018. However, Delhi govt now contends that the landscape has changed significantly with the introduction of Bharat Stage-VI emission standards from April 1, 2020. It noted that as of July 24, 2025, Delhi has 2.8 million BS-IV and an almost equal number of BS-VI registered vehicles. "If the 2018 order continues, roadworthy, non-polluting BS-VI vehicles may be forced off the roads in a few years without scientific justification," the petition added. It questioned the rationale behind taking even BS-IV vehicles—meeting Pollution Under Control (PUC) norms—off the roads, asserting that such decisions must be based on updated, data-driven evaluations. The application pointed out that countries like Japan, the US, and those in the EU do not impose blanket bans based solely on vehicle age. Instead, they follow nuanced, sustainable policies that assess actual emissions and focus on roadworthiness through regular testing. Delhi's review petition, settled by Additional Solicitor General Aishwarya Bhati, stressed the need for a "graded, balanced and technology-driven regime" to tackle vehicular pollution. It urged for a scientific framework that accounts for individual vehicle emission data rather than broad age-based criteria. The CAQM's July 1 order denying fuel to end-of-life vehicles sparked public backlash, prompting Sirsa to request a pause in its implementation. Lieutenant governor VK Saxena later advised govt to approach the Supreme Court for a review. Following this, CAQM deferred the fuel-denial order to November 1 in high-density NCR districts and to April 1, 2026, for the rest of the region. Govt highlighted that other major pollution sources—like stubble burning, construction dust, and industrial emissions—also need to be considered. Its strict enforcement of PUC norms led to over 1.63 lakh challans in 2025 so far, up from 29,589 in 2021. It said the good AQI days increased from 159 in 2018 to 209 in 2024. Till July this year, there have been 106 such days. The robust implementation of Graded Response Plan has contributed to reducing pollution in the national capital, it said.


Indian Express
11 minutes ago
- Indian Express
‘Scientific study needed': Delhi government moves SC, seeks review of blanket ban on old vehicles
The Delhi government has approached the Supreme Court seeking a review of its order imposing a blanket ban on the plying of petrol vehicles aged above 15 years and diesel vehicles aged above 10 years of all categories across the National Capital Region (NCR). In its application dated July 25, the Rekha Gupta government has argued that 'the road-worthiness of a vehicle is a technical and scientific issue that must be linked to actual emissions as tested and recorded by mechanisms as set out under the Motor Vehicles Act, the Central Motor Vehicles Rules, etc., as opposed to blanket ban on the basis of age which is unlinked to actual emissions'. The state said that the ban on the plying of the said vehicles in the last seven years, 'though undoubtedly salutary in aim was observed to have caused numerous practical hardships to the citizens of Delhi, which today, in light of the advancements in technology and enforcement now prima facie appear to outweigh the prudence and feasibility of continuance of the said ban'. The plea further urged the court to direct the Centre or the Commission on Air Quality Management (CAQM) 'to carry out a suitable broad based, scientific study on the need for continuance of' the complete ban imposed by the Supreme Court's October 29, 2018, order. The Delhi government said that in its considered view, 'the significant improvements in Pollution Under Control (PUC) technology, increased coverage of PUC testing, stricter monitoring of emission standards, transitioning over to Bharat Stage VI engines and various other measures' that have been implemented since the Supreme Court order 'suitably address the concerns that impelled' the apex court to pass such a judgment. 'It is the view of the State Government that there is great need for a graded, balanced and technology driven regime to handle vehicular pollution and that instead of an age-based blanket ban, a scientific, data-driven framework should be developed that considers all relevant indicators to ascertain individual vehicular pollution, for example but not limited to: (i) Actual emission, (ii) Actual mileage, (iii) regular and period vehicle fitness tests and (iv) best available retrofitting options (CNG/electric conversions),' the application stated. The plea added that 'a balanced policy would ensure not only the protection of the environment through the phasing out of polluting vehicles, but would also preserve the rights of the responsible vehicle owners'. The government said the complete ban order 'was originally passed as an emergency measure during a period when Bharat Stage IV (BS-IV) emission standards were in force and the migration to Bharat Stage VI (BS-VI), which has much stricter and advanced norms, had not yet commenced.' It added, 'However, it is submitted that to tackle the issue of pollution in the NCR region, a comprehensive policy is required which gives vehicle fitness based on the actual emission levels of an individual vehicle as per scientific methods rather than implementing a blanket ban based on solely the age of the vehicle.' The government said that significant technological, legal, and environmental developments have taken place since 2018, which warrant a 're-examination of this decision' by an expert body to form a structured and graded plan to tackle pollution. The application further said that there are various sources of air pollution in Delhi, apart from vehicular pollution, and that vehicular emissions constitute only one of several sources of air pollution in Delhi NCR. 'Other significant contributors include: stubble burning, biomass burning, road and construction dust, industrial emissions, weather and meteorological factors. As per the Commission for Air Quality Management, the percentage contribution of the said sources to the air quality of Delhi varies significantly depending on the season,' the plea stated. The Delhi government said that CAQM in its 'Policy to Curb Air Pollution in the National Capital Region' adopted in July 2022 has stated, 'These studies show that there is considerable seasonal variation in the relative contribution of pollution sources between winter and simmer', and contended that 'thus…a scientific analysis, and cost benefit analysis of phasing out vehicles on the basis of age would be an appropriate approach'. The state said that since the issue of Delhi's air quality is not confined solely to the National Capital Territory but rather to the broader National Capital Region, it is respectfully submitted that 'it would be appropriate if suitable scientific studies on the feasibility, desirability and efficacy of continuing the said ban are carried out at the level of the Union of India or the Commission for Air Quality Management'. Ananthakrishnan G. is a Senior Assistant Editor with The Indian Express. He has been in the field for over 23 years, kicking off his journalism career as a freelancer in the late nineties with bylines in The Hindu. A graduate in law, he practised in the District judiciary in Kerala for about two years before switching to journalism. His first permanent assignment was with The Press Trust of India in Delhi where he was assigned to cover the lower courts and various commissions of inquiry. He reported from the Delhi High Court and the Supreme Court of India during his first stint with The Indian Express in 2005-2006. Currently, in his second stint with The Indian Express, he reports from the Supreme Court and writes on topics related to law and the administration of justice. Legal reporting is his forte though he has extensive experience in political and community reporting too, having spent a decade as Kerala state correspondent, The Times of India and The Telegraph. He is a stickler for facts and has several impactful stories to his credit. ... Read More


NDTV
41 minutes ago
- NDTV
Delhi Moves Supreme Court To Review Ban On Older Diesel, Petrol Vehicles, Calls for Scientific Study
The Delhi government has approached the Supreme Court, seeking a review of the ban on end-of-life vehicles (ELVs), diesel vehicles older than 10 years and petrol vehicles over 15 years, operating in the Delhi-NCR region. The move marks a significant pushback against an existing directive that has drawn criticism for its perceived lack of nuance and disproportionate impact on middle-class vehicle owners. In its application, the Delhi government has requested the apex court to direct the Central government or the Commission for Air Quality Management (CAQM) to undertake a comprehensive scientific study. The study argues that it should assess the actual environmental impact of the age-based vehicle ban and evaluate whether such a measure makes a meaningful contribution to air quality improvements in the National Capital Region (NCR). The plea emphasises the need to re-examine the effectiveness, feasibility, and fairness of a blanket age-based restriction. Instead, the government advocates for a more refined, emission-based regulatory framework that takes into account individual vehicle emissions and roadworthiness rather than relying solely on age as a disqualifying factor. "The current approach mandates collective compliance, without distinguishing between heavily polluting and well-maintained, low-use vehicles," the application states. "This does not align with the broader objective of effectively reducing pollution levels in the region." The Delhi government further highlighted that BS-6 (Bharat Stage 6) vehicles, introduced as a cleaner emission standard, emit significantly fewer pollutants than their BS-4 counterparts. It argued that many vehicles currently impacted by the ban are well-maintained, compliant with emission norms, and used infrequently, factors that result in minimal actual emissions. According to the application, studies suggest that such low-usage, older vehicles contribute negligibly to overall pollution, raising concerns about the proportionality of the ban. The government warned that the directive has placed undue hardship on middle-class citizens who may rely on these vehicles for limited but essential transport needs. The Delhi government is urging the court to revisit the 2018 order that enforces the vehicle age cap and instead focus on more targeted, scientific, and equitable measures to combat pollution.