Telangana govt likely to file caveats in HC, SC; move aims to protect 42% Backward Classes (BCs) quota
Currently, the draft of the ordinance is pending with the Governor. The govt expects that Jishnu Dev Varma will give his approval, as the state followed all guidelines recommended by the Supreme Court, including the appointment of a dedicated BC commission, obtaining empirical data through a scientific caste survey, and passing the bills in the assembly to fix reservations for the BCs in local bodies.
Once the Governor promulgates the ordinance, the govt will issue a GO to amend the Panchayat Raj Act of 2018, which currently limits the overall reservations to 50%.
The amendment will allow the state to exceed this cap.
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However, BC welfare associations are urging the govt to file caveats immediately, without waiting for the Governor's approval. National BC Welfare Association president and BJP MP, R Krishnaiah, said the govt took the best available option of issuing an ordinance after sending the two BC quota bills to the President and the Central govt. "The Constitution gives the authority to the states to extend the BC quota," he said.
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High court advocate Khaja Aijazuddin said filing caveats will place the govt on strong ground to defend the BC quota, as the court will not issue any interim orders if anyone challenges the reservations.
"The court will hear both parties, the one who filed the case and the govt on the issue, based on which it will make a decision. If the govt can present its case strongly, there is a bright prospect of defending the enhanced BC quota," he said.
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