Supreme Court Dismisses Andhra Pradesh Govt Plea Against HC Quashing 34% Backward Class Quota In Local Body Elections

The Supreme Court today (October 9) dismissed the Andhra Pradesh government's challenge to the High Court's order quashing two government orders that provided 34% reservation to Backward Classes in rural and urban local body elections.

A bench comprising Justice Dipankar Datta and Justice Sheel Nagu dismissed the State's plea, after noting that the High Court passed a very reasonable order. It stated that the High Court had questioned the State's data for fixing the reservation at 34%. 

Senior Advocate Mukul Rohatgi(for the AP Government) submitted that there is no reason why the High Court rejected the data as unreliable. To this, Justice Datta asked where the High Court "erred" in recording that the data on which the State has also relied on the Unified Family Survey is not relevant.

"You show us this data can be considered. This is a United Family Survey, under what law is this being made? Dismissed. Very reasonable approach by the High Court," he stated.

The High Court had quashed the GO No. 105 and 1065, which provided for 34% reservation on grounds that this pushed the total reservation beyond the 50% ceiling prescribed in the landmark 1992 Indra Sawhney v. Union of India judgment. It also stated that the decision lacked empirical data to justify the breach of the 50% ceiling.