Discussion
The Only Permanent Solution: Do Not Deny Justice to BCs – 42% Reservations Require Constitutional Protection
42% Reservations for Backward Classes Must Be Granted Constitutional Protection by Including Them in the Ninth Schedule
— ✍️ Dundra Kumaraswamy
For decades, successive political parties have repeatedly betrayed the Backward Classes (BCs). One promise before elections and a completely different stance after gaining power has pushed the BC communities into perpetual injustice.
The Telangana Government cannot escape public anger if it fails to implement 42% reservations for BCs in local bodies. Merely passing a Bill in the Assembly is not enough; real justice will be delivered only when these reservations are included in the Ninth Schedule of the Constitution, similar to the Tamil Nadu model. That alone is the permanent solution.
he State Government has issued G.O. No. 9 to implement 42% reservations for BCs in local bodies. However, legal challenges and constitutional limitations remain. Constitutional experts have clearly stated that only inclusion in the Ninth Schedule can provide legal immunity and permanency. Tamil Nadu protected its 69% reservation by introducing the 76th Constitutional Amendment in 1994 and placing the reservation law under the Ninth Schedule.
This model is both proven and constitutionally sustainable. So far, 284 laws in India have been brought under the Ninth Schedule to safeguard social justice, ensure equitable representation, and protect marginalized communities. The Supreme Court, through the Indra Sawhney judgment, placed a 50% ceiling on reservations in the name of protecting merit. This ceiling has severely restricted the representation of BCs nationwide. Therefore, across political parties and ideological divides, 42% BC reservations must be placed in the Ninth Schedule for them to be effectively implemented.
Until the 42% reservation is fully implemented, no BC leader should remain silent. Over 2.5 crore BC people in Telangana are being denied their rightful share. While G.O. 9 has not been struck down by the courts, the government issued G.O. 46 based on old reservation data without any necessity, creating confusion and weakening the BC cause.
BC organisations and leaders must unite, cutting across party lines, to fight for the 42% reservation. If not, future generations will question our failure to uphold justice.
The demand for 42% reservation is not political—it is constitutionally justified and socially necessary. A mere Assembly resolution is insufficient. A Constitutional Amendment in Parliament is required.
Only after:
1.Parliament passes a BC Reservation Bill,
2.Both Houses approve it,
3.The President gives assent, and
4.The law is placed in the Ninth Schedule can 42% reservations become a reality in education, employment, and local governance.
The Telangana Government must immediately convene an all-party delegation, travel to New Delhi, and meet the Prime Minister and the President to secure constitutional protection. Local body elections should be held only after granting 42% reservations; otherwise, the government will face the anger of BC communities.
G.O. 46 Must Be Withdrawn Immediately
By limiting total reservations to below 50% and moving ahead with G.O. 46 for the upcoming elections, the government has ignored the Delimitation Commission and Expert Committee recommendations which could have strengthened the case in court. This approach has insulted the BCs who have been demanding justice for years.
There are only two pathways to implement 42% reservations:
1.Constitutional Amendment and Ninth Schedule Inclusion This is the strongest, permanent, and fool-proof legal strategy.
2.Removing the 50% Ceiling Through Judicial or Constitutional Reform States cannot exceed the 50% ceiling unless the Centre initiates a change.
Both paths require the active involvement of the Central Government. Hence, Telangana must exert political pressure and rally its MPs to fight for the cause.
Some leaders are misleading BCs by saying they will give 42% tickets in panchayat elections that do not even have party symbols. Others are diverting attention by claiming that BC justice will come only after the 2026 caste census conducted by the Union Home Ministry. Many leaders who once shouted “jitna abaadi, utna hissedari” (share proportionate to population) are now silent, which is disappointing and alarming.
Centre Can Solve the Issue Easily—If It Wants To
If the Central Government chooses, the issue can be resolved immediately by passing a BC Reservation Bill in Parliament. The ruling party at the Centre has the numbers to do so. If the government does not bring such a Bill, the INDIA Alliance MPs must introduce a Private Member’s Bill demanding 42% reservations for BCs.
Local body elections or job notifications issued without implementing 42% reservations will push political parties into irrelevance, as BC voters will not tolerate continued injustice.
-The Author is the National President BC Dal.
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