The Telangana government under K Chandrasekhara Rao has sent the bill it passed in April last year for the President's approval.
Telangana government's plans to provide 12% quota to Muslims in the state may not see the light of day soon with the BJP-led NDA saying the state has not given any "extraordinary" reason to the President to give approval to such a proposal.
The Telangana government under K Chandrasekhara Rao has sent the bill it passed in April last year for the President's approval. The Ministry of Home Affair's (MHA) response in Rajya Sabha last week could further trigger a political battle.
Rao, the Telangana Rashtra Samithi chief, has already flexed his muscles in the state ahead of Lok Sabha polls talking about a third front to take on the BJP and may try to woo Muslims to his side by vociferously demanding an ascent to the Bill.
The Telangana Backward Classes, Scheduled Castes, Scheduled Tribes (Reservation of Seats in Educational Institutions and of Appointments or Posts in Services under the State) Bill, 2017 was passed unanimously at a special session where five BJP MLAs, who were opposed to the Bill, were suspended.
In a written response to TDP MP T Devender Goud's question in Rajya Sabha last Wednesday, the MHA responded that the Bill has been circulated to the concerned ministries for their opinion.
The Department of Personnel and Training (DoPT) opined that the Supreme Court in Indira Sawhney case has held that Article 16 of Constitution that speaks of "adequate representation and not proportionate representation". It also noted that the quota should not exceed 50% while the Bill breaches this mark.
"As per observations of the Supreme Court, relaxation can be done in extraordinary situations and while doing so, extreme caution has to be exercised and a special case made out. The Government of Telangana has not brought out any facts or grounds on the basis of which the present proposal, which is in violation of the orders of the Apex Court, would deserve to be accorded approval," the MHA said.
Reacting to the government response, Congress' Rajya Sabha MP from Telangana, Ananda Bhaskar Rapolu said time has come to recast the way of reservation formula. "The Centre should take into account ground realities and go in for proportionate representation," Rapolu told DH.