Andhra Pradesh Moves Supreme Court over BC Quota in Local Body Polls: The 50% Ceiling and the Triple Test Explained
The Andhra Pradesh government has filed a Special Leave Petition (SLP) in the Supreme Court. It challenges a judgment of the Andhra Pradesh High Court on reservation for Backward Classes (BCs) in local body elections.
On 1 October 2026, a High Court bench set aside two Government Orders (G.O.s). G.O. Ms. No. 105 (Panchayat Raj and Rural Development Department) gave BCs 34% of seats in rural local bodies. G.O. Rt. No. 1065 (Municipal Administration Department) gave BCs 33.33% of seats in urban local bodies.
The High Court said that when BC seats are added to the seats reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs), the total "vertical" reservation goes above 50%. This breaks the ceiling laid down by the Supreme Court.
The High Court also told the State government and the State Election Commission to start the local body election process within six weeks.
In its SLP, the State argues that the High Court did not judge the 2026 reservation exercise on its own facts and data, and instead treated it like earlier attempts that had been struck down.
This is not the first such dispute. In 2020, Andhra Pradesh's plan that took total reservation in local bodies to about 59.85% was stopped by the courts for crossing 50%. In 2025, Telangana's order giving BCs 42% in local bodies was stayed by its High Court, and the Supreme Court refused to interfere.
OBC Reservation in Local Bodies: The Triple Test
The "triple test" is a set of three conditions laid down by the Supreme Court. A State must meet all three before it can reserve seats for Other Backward Classes (OBCs, called BCs in some States) in panchayats and municipalities. In short: first study backwardness through a special commission, then fix the share for each local body using that study, and never let total reservation cross 50%. If a State skips these steps, OBC seats cannot be reserved, and those seats are treated as open (general) seats.
The Andhra Pradesh High Court struck down the 34% and 33.33% BC quotas mainly on the third limb of the triple test: total reservation crossed 50%. The State's appeal argues that its 2026 exercise had fresh data and should be judged on its own facts. The Supreme Court will now decide whether a data-backed exercise can justify going above the cap, or whether the 50% limit must hold.
Indra Sawhney v. Union of India (1992): The 50% Ceiling Rule
Indra Sawhney v. Union of India is the most important Supreme Court case on reservation in India. Decided in 1992, it upheld 27% reservation for Other Backward Classes (OBCs) in central government jobs. It also set three famous rules: the "creamy layer" of OBCs must be left out, total reservation should not normally exceed 50%, and reservation cannot be given in promotions. It is often called the Mandal case, because it came out of the Mandal Commission report.
The Andhra Pradesh High Court set aside the BC quota because SC, ST and BC reservation together crossed the 50% limit that comes from Indra Sawhney. To defend its order in the Supreme Court, the State must show why its 2026 exercise falls within the narrow "extraordinary situation" exception, or why the cap should apply differently to local body elections.
Special Leave Petition (Article 136)
A Special Leave Petition (SLP) is a request to the Supreme Court asking for permission ("leave") to appeal against a judgment of any court or tribunal in India. It comes from Article 136 of the Constitution. The Supreme Court has full discretion: it may hear the appeal, or it may refuse without giving reasons. It is the most common way cases reach the Supreme Court.
Andhra Pradesh had no automatic right of appeal against the High Court's judgment, so it used Article 136 to file an SLP. The Supreme Court will first decide whether to hear the case, and it may also decide whether to pause (stay) the High Court's order, including its six-week deadline for starting elections.
- High Court judgment: 1 October 2026; set aside G.O. Ms. No. 105 (34% BC quota, rural local bodies) and G.O. Rt. No. 1065 (33.33% BC quota, urban local bodies)
- Reason: total vertical reservation (SC + ST + BC) above 50%
- Election process ordered to begin within six weeks
- Remedy used by the State: Special Leave Petition, Article 136
- Earlier Andhra Pradesh attempt (2020): about 59.85% total reservation, stopped by courts
- Telangana (2025): 42% BC quota (about 67% total) stayed by High Court on 9 October 2025; Supreme Court dismissed the State's plea on 16 October 2025
- Triple test laid down in Vikas Kishanrao Gawali (4 March 2021); base case K. Krishna Murthy (2010)
- Constitutional basis: Article 243D(6) (panchayats) and Article 243T(6) (municipalities)
- 50% ceiling: Indra Sawhney (16 November 1992, nine judges, 6:3)