Telangana caste census begins: Why an end to 50% quota cap needs to follow

Telangana’s caste census comes with a promise of hiking BC reservations in local bodies. Similar attempts in the past, such as the aftermath of Bihar caste survey, show the legal hurdles Telangana may have to overcome.
Telangana caste census begins: Why an end to 50% quota cap needs to follow
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Caste-based surveys have become essential for understanding the socio-economic conditions of various communities and for crafting effective reservation policies. Telangana, like Bihar and Karnataka, has recognised the need for a detailed caste survey to support evidence-based policymaking, including reservations for Backward Classes (BCs). The Revanth Reddy-led Congress government in Telangana launched a comprehensive door-to-door household survey on November 6, to assess social, educational, economic, employment, political, and caste parameters, in order to plan and implement welfare schemes for marginalised sections. 

A day before the survey began, Congress MP Rahul Gandhi, the Leader of the Opposition (LoP) in the Lok Sabha, met with intellectuals and civil society activists in Hyderabad to gather their inputs on the caste survey. “Let us explore the truth…let us find out how many Dalits, how many OBCs, how many Adivasis, how many minorities, how many general castes, and how many women are there in this country. After that let us find out how wealth is distributed in this country,” Rahul Gandhi said.

The caste survey was a major poll promise made by Congress ahead of the 2023 Telangana Assembly elections, to extend reservations to marginalised communities in proportion to their population in education, employment and welfare schemes. The party had also promised to increase the BC reservations in local bodies from 23% to 42%, and to implement 42% BC reservation in government civil construction and maintenance contracts.

Before launching the survey, CM Revanth Reddy had asked BC welfare department officials to visit Bihar and Karnataka, where caste surveys have been completed in the recent past. Officially called the Socio, Economic, Educational, Employment, Political and Caste Survey, it is being carried out with the Planning Department as the nodal agency. It is expected to be completed in 60 days, by over 80,000 enumerators and 10,000 supervisors. 

The Telangana caste survey comes amid calls by the Opposition for a nationwide caste census. The most recent caste census in India dates back 93 years to 1931. From 1951 to 2011, census data for Scheduled Castes and Scheduled Tribes alone was made available. The last decadal Census was carried out in 2011, and the 2021 Census has been long-delayed, now expected to begin in 2025. Congress and other Opposition parties have been demanding that this include caste data, to know the extent of OBC population. 

While the Karnataka caste census data remains undisclosed due to various reasons, the Bihar government made its report public on October 2, 2023, showing that 63% of the state’s population were from OBCs and EBCs (Extremely Backward Classes). 

The Telangana caste survey distinguishes itself from those conducted in Bihar and Karnataka by being more comprehensive. It covers the social, educational, employment, economic, and political aspects of various castes within the state, aiming to provide an in-depth understanding of the socio-economic status of each caste. The questionnaire, which reportedly underwent changes till the last minute, includes 56 questions. It will capture details related to land and property ownership, education levels including stage of school dropout, migration, debt, and inter-caste marriages. 

This level of detail could ensure that policy decisions are well-informed and tailored to address the unique needs of different communities. The Telangana government has also appointed a one-man commission of retired IAS officer Busani Venkateshwara Rao to conduct an empirical inquiry on BC reservations in local bodies, showing a commitment to a data-driven policy framework. 

In the backdrop of Telangana caste survey, there are debates and discussion on its legal implications, and the constitutional limits on reservation policies, underscoring the need for Constitutional amendments to break the 50% ceiling on reservations. 

Legal precedents for OBC reservations

The pivotal Indra Sawhney v. Union of India (1992) case, decided by a nine-judge Constitution Bench of the Supreme Court, laid down crucial guidelines for reservation policies. The verdict set a 50% upper limit on reservation for SCs, STs and OBCs in jobs and education, except in extraordinary circumstances, when it must be supported by thorough data analysis. This landmark judgement highlighted the importance of a robust empirical assessment to justify reservations, and avoid arbitrary measures. 

In Dr. K. Krishnamurthy v. Union of India (2010), a five-judge Constitution Bench reviewed the issue of reservations in local bodies, and laid down the 'triple test' to ensure the lawful implementation of OBC reservations. The government must do three things to finalise OBC reservations in local bodies – 

1. It must establish a dedicated commission to conduct a detailed empirical inquiry into the backwardness of communities specific to local bodies. The commission would have to gather on-ground data to illustrate why specific communities are disadvantaged due to underrepresentation in local bodies. 

2. It must specify the proportion of reservation to be provided local body-wise, based on the commission’s recommendations. 

3. It must ensure that the total reservations for SCs, STs, and OBCs do not exceed 50% of the total seats in local bodies. 

The Supreme Court and High Courts have emphasised on the ‘triple test’ each time a state government has tried to enhance OBC reservation in local bodies. 

For instance, in Vikas Kishanrao Gawali v. The State of Maharashtra (2021), the petitioners questioned the validity of providing more than 50% reservation in the Zilla Parishads and Panchayat Samitis of certain districts. The Supreme Court invalidated these reservation measures, as the state government had failed to complete the triple test. 

“State legislations cannot simply provide uniform and rigid quantum of reservation of seats for OBCs in the local bodies across the State that too without a proper enquiry into the nature and implications of backwardness by an independent Commission about the imperativeness of such reservation,” the court said, reinforcing the requirement for rigorous data gathering, and compliance with the established legal framework.  

In B.K. Pavitra v. Union of India (2019), though the primary focus was on promotions within government jobs, the verdict highlighted the need for data that can quantifiably demonstrate backwardness and inadequate representation for reservations to be constitutionally valid. 

The triple test’s focus on collecting empirical evidence, and providing a clear data-based rationale for reservation proportions, are necessary to ensure targeted interventions that can help the communities that need them the most. But the third component – the 50% ceiling – is particularly problematic for OBCs. 

Regardless of the social and educational disparities revealed by the empirical data, this ceiling hinders states from increasing reservation quotas to accommodate the needs of OBCs, even when evidence suggests that these communities remain significantly underrepresented. In essence, the 50% cap does not account for evolving demographic and social realities, thereby restricting the ability of governments to fully address systemic inequalities. 

Along with its call for a nationwide caste census, Congress had also promised to lift the 50% cap on reservations before the 2024 general election. Critics argue that the triple test can serve as a tool for anti-reservation forces to limit or roll back the gains made by OBC communities. 

By imposing conditions that are difficult to meet, the triple test effectively curtails the ability of states to provide adequate representation and upliftment for OBCs. Moreover, the insistence on the 50% ceiling, despite changing socio-economic conditions, reveals a rigid adherence to an outdated principle that may no longer reflect the realities of marginalised communities in India.

In Bihar’s case, for instance, based on the caste survey conducted during 2022-23, the state Assembly passed legislation to increased reservations for EBC, OBC, SC, and ST communities from 50% to 65% in educational institutions and government jobs, in November 2023. The Patna High Court declared the 65% reservation unconstitutional. It claimed that the communities already had adequate representation, and that the caste survey report couldn’t demonstrate any exceptional circumstances for breaching the 50% cap. 

The petitioners had alleged that the caste survey had only focused on population data, and did not delve into the communities’ recent social and economic progress, to justify reservation. The High Court also faulted the government for not consulting any expert committee before bringing in the legislations, underscoring the judiciary’s emphasis on data-driven decisions in reservation policies to ensure they withstand legal scrutiny. The Supreme Court refused to stay the Patna HC’s ruling, and is yet to hear Bihar government’s challenge of the HC verdict.  

Breaking the 50% ceiling: The need for a Constitutional Amendment

The 50% ceiling on reservations clearly presents a challenge for states seeking to extend reservation benefits, and could eventually end up being a hurdle in Telangana’s case too. There are two possible ways of overcoming this. 

One is to pass a Constitutional amendment allowing states to exceed the 50% cap based on comprehensive data collected through surveys such as the one in Telangana. The other solution is to include the reservation related legislations in Schedule IX of the Indian Constitution. 

Article 31B of the Constitution states that none of the Acts that are included under the Ninth Schedule nor any of the provisions “shall be deemed to be void, or ever to have become void,” and the Acts and provisions, “notwithstanding any judgment, decree or order of any court or tribunal to the contrary,” shall continue to be in force. 

The Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institutions and of appointments or posts in the Services under the State) Act, 1993 that provided 69% for the SC, ST, Most Backward Classes (MBCs) and Other Backward Classes (OBCs), is included in the Ninth Schedule of the Constitution. The Bihar government, too, has urged the Union government to incorporate its legislation to provide 65% reservation in the Ninth Schedule. 

Rahul Gandhi has been actively addressing the issue of reservations in his poll rallies. He has pledged that if the Congress party comes to power, it will work to remove the 50% ceiling on reservations and extend reservations for SCs, STs, and OBCs based on their levels of social and educational backwardness. The caste survey conducted in Telangana could serve as a crucial foundation for justifying the extension of reservations for OBCs. Whether this movement to challenge the 50% ceiling on reservations gains nationwide momentum, starting from Telangana, remains to be seen.

The Telangana caste survey could set a new benchmark by covering social, educational, employment, economic, and political dimensions in detail, making it more comprehensive than similar surveys in Bihar and Karnataka. The establishment of a dedicated commission further underscores the state’s commitment to data-driven policymaking. 

The importance of empirical data for reservation policies has been repeatedly emphasised in landmark cases such as Indra Sawhney, Dr. Krishnamurthy, and Vikas Kishanrao Gawali. While caste surveys are crucial for understanding community needs and justifying reservations, any attempt to surpass the 50% cap on reservations will require Constitutional amendments. 

Kiran Kumar Gowd is a PhD research scholar at the Department of Political Science at the University of Hyderabad. He is also the national president of the All India OBC Students Association. Views expressed here are the author’s own.

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