The Andhra Pradesh High Court has raised key questions over the government orders providing 34 per cent reservations for Backward Classes (BCs) in local body elections. The court questioned how the government finalised the reservation percentage based on the report of the Rajiv Ranjan Mishra Commission, while simultaneously claiming that it was still examining the commission’s report on the social, economic, educational and political status of BCs.
High Court Questions Government Over Mishra Commission Report
The bench questioned why the Rajiv Ranjan Mishra Commission report had not been made public and asked what was so confidential about the document.
The court directed the state government to place the complete statistical data related to BC reservations before it and explain the basis on which the 34 per cent reservation was determined.
The bench also sought an explanation from the government on how it proposed to justify reservations in local body elections exceeding the 50 per cent overall reservation ceiling.
The next hearing has been scheduled for September 16.
Mishra Commission Tenure Extended Again
The Rajiv Ranjan Mishra Commission, which was constituted to determine the basis for BC reservations, was recently granted another extension by the state government, with its tenure now extended until September 30.
The commission was constituted on February 19. As it could not submit its report within the stipulated period, its deadline has already been extended several times.
Against this backdrop, the questions raised by the High Court regarding the commission’s report and the basis for fixing BC reservations have assumed significance.
YSRCP Seeks Local Body Polls After Final Electoral Rolls
The YSR Congress Party (YSRCP) has urged the High Court to direct the authorities to conduct local body elections only after the ongoing Special Intensive Revision (SIR) of electoral rolls is completed and the final electoral rolls are published.
Senior advocate Subramanya Sriram, appearing for the party, submitted that people who initially lose their names from the electoral rolls would have an opportunity to approach the authorities through an appeal and get their names included in the final list.
He argued that if the election notification was issued before the completion of the process, the party’s petition could become infructuous.
Responding to the submission, the bench observed that there was a possibility of the petition becoming infructuous if an election notification was issued. However, the court indicated that, for the time being, it did not expect the election notification to be issued immediately.
BC Welfare Association Seeks Scientific Caste Census
The court also heard a Public Interest Litigation (PIL) filed by Keshana Shankara Rao, president of the Andhra Pradesh BC Welfare Association, seeking directions to the government not to conduct local body elections without carrying out a scientific BC census.
Counsel appearing for Shankara Rao questioned how arguments could be properly advanced without examining the Mishra Commission report when the government had not made the report public.
The petitioners argued that the commission’s findings were crucial to determining whether the reservation percentage fixed by the government had a proper factual and legal basis.
Petitioners Challenge 34% BC Reservations
Advocate Tandava Yogesh, who challenged the government orders providing 34 per cent BC reservations, argued that allowing reservations to cross the 50 per cent ceiling was unconstitutional.
In another petition, advocate Gundala Sivaprasad Reddy alleged that the government was deliberately withholding the Mishra Commission report.
He further alleged that the government was attempting to provide reservations beyond the 50 per cent limit and, if the reservations were subsequently struck down by the court, shift the responsibility for the consequences onto the judiciary.
What Is the Basis for 34% BC Reservation?
The High Court’s observations have brought several crucial questions into focus.
What is the actual basis for fixing 34 per cent BC reservations? What does the Rajiv Ranjan Mishra Commission report contain? Why has the report not been made public? And how will the government justify reservations exceeding the 50 per cent ceiling in local body elections?
The government is expected to provide detailed data and its legal justification before the High Court. Further clarity on these issues is likely to emerge during the next hearing on September 16.
