Hyderabad, Mar 27 (PTI) The Telangana government has requested the Supreme Court to lift the 50 per cent upper limit in reservation imposed in the Indra Sawhney judgment and leave it to the state legislatures to determine the quantum of quota depending upon the particular circumstances prevailing in the respective states.
The state government, which has written to the apex court on the matter, said the judgment needs a relook by a larger bench to review the cap fixed in 1992 at 50 per cent, according to official sources here.
Special circumstances prevailed in different states like some northeastern states having more than 50 per cent tribal population, it said.
Secondly, the social circumstances also change over time in view of different rates of population growth among different communities. The Constitution does not have any provision related to the upper limit on reservation, it said.
The 102nd Constitutional amendment resulting in insertion of Article 342 (A) takes away the powers of the state legislatures to include any deserving communities, from time to time, in the list of OBCs and accordingly enhance the reservation percentage for different communities which can go beyond 50 per cent cap fixed by the SC, the government said.
Therefore, the state government requests the Supreme Court to lift the 50 per cent upper limit imposed in Indira Sawhney judgment and leave it to the state legislatures to determine the quantum of reservation, the sources said.
Chief Minister K Chandrasekhar Rao had pointed out in the Assembly that reservation upto 69 per cent is being implemented in Tamil Nadu, while the Supreme Court put a cap at 50 per cent.
The state government has communicated that the reservation issue should be left to the states, he said, adding that the government would make efforts to get quota for those who have the right. PTI SJR BN BN