Supreme Court Upholds Andhra Pradesh High Court Ruling Striking Down 34% BC Quota in Local Body Elections
On 9 October 2026, the Supreme Court dismissed the Andhra Pradesh government's appeal (a Special Leave Petition) against a High Court judgment on reservation for Backward Classes (BCs) in local body elections. A bench of Justices Dipankar Datta and Sheel Nagu called the High Court's order "very reasonable".
On 1 October 2026, the Andhra Pradesh High Court had quashed two government orders: G.O.Ms. No. 105 (34% BC reservation in rural local bodies such as gram panchayats, mandal parishads and zilla parishads) and G.O.Ms. No. 1065 (about 33% BC reservation in urban local bodies).
The High Court held that adding this BC quota to the seats reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs) would push total reservation above the 50% ceiling set by the Supreme Court. It also found there was no proper empirical data (data collected from actual study) to justify crossing that ceiling.
The state had relied on a Unified Family Survey, which put the BC population at about 50.42%, and on a commission headed by retired IAS officer Rajiv Ranjan Mishra. The Supreme Court bench asked under which law the family survey had been carried out, and agreed with the High Court that this data was not relevant for the purpose.
The High Court had also directed that local body elections, overdue since the bodies' terms ended in March and April 2026, be held within six weeks.
This is not the first such case in the state. In 2020, a government order (G.O. 176) fixing 34% for BCs, 19.08% for SCs and 6.77% for STs (59.85% in total) was also struck down by the High Court.
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 Andhra Pradesh and some other states) in panchayats and municipalities. The Constitution allows such reservation but does not make it compulsory. The triple test makes sure it is based on real evidence and stays within limits.
Andhra Pradesh's 34% BC quota failed the triple test because, together with SC and ST seats, the total crossed 50%, and the courts found the family survey was not the kind of rigorous, local-body-wise data the test needs. The Supreme Court's dismissal of the appeal means the elections must go ahead within the 50% limit.
Indra Sawhney v. Union of India (1992): The 50% Ceiling Rule
Indra Sawhney v. Union of India, often called the Mandal case, is the most important Supreme Court judgment on reservation in India. A nine-judge bench decided it on 16 November 1992 by a 6-3 majority. It upheld 27% reservation for OBCs in central government jobs and laid down that total reservation should normally not go above 50%.
The core reason the High Court quashed Andhra Pradesh's BC quota is the Indra Sawhney ceiling. The state argued it had data to justify going beyond 50%, but both courts held that this data was not good enough to show an extraordinary situation.
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 refuse it without giving detailed reasons. Most cases reach the Supreme Court through this route.
Andhra Pradesh used an SLP under Article 136 to challenge the High Court's 1 October 2026 ruling. By dismissing it, the Supreme Court refused to interfere, so the High Court's judgment stands and the state must hold elections without the 34% BC quota.
- Supreme Court dismissed Andhra Pradesh's SLP: 9 October 2026; bench of Justices Dipankar Datta and Sheel Nagu
- Andhra Pradesh High Court ruling: 1 October 2026; quashed G.O.Ms. No. 105 (rural) and G.O.Ms. No. 1065 (urban)
- BC quota proposed: 34% in rural local bodies; about 33% in urban local bodies
- Unified Family Survey estimate of BC population: about 50.42%
- High Court direction: hold local body elections within six weeks
- Earlier 2020 order (G.O. 176): 34% BC + 19.08% SC + 6.77% ST = 59.85%, struck down by the High Court
- Triple test: Vikas Kishanrao Gawali v. State of Maharashtra (2021); basis in Articles 243D(6) and 243T(6)
- 50% ceiling: Indra Sawhney v. Union of India, 16 November 1992 (nine-judge bench)