Telangana HC examines constitutional validity of Panchayat Raj Act in Scheduled Tribal areas

Hyderabad: The Telangana High Court on Wednesday examined the constitutional validity of the Telangana Panchayat Raj Act, 2018, particularly its application in Scheduled Areas with significant tribal populations.

The court is assessing whether the state law aligns with the Provisions of the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA), a Central legislation meant to safeguard tribal self-governance.

A Division Bench comprising Chief Justice Aparesh Kumar Singh and Justice Ghouse Meera Mohiuddin took up the matter and posed searching questions to the State on its legislative competence in Scheduled Areas.

Petition challenges reservations in Zilla Parishads

The petition, filed by AADHAR Society through its authorised representative Korsa Jejerambabu, challenges the State’s implementation of district-level local bodies, particularly Zilla Parishads, in Scheduled Areas.

The petitioners allege that the 2018 Act fails to ensure mandatory reservation of chairperson posts for Scheduled Tribes as required under PESA.

They contend that provisions in Part VII of the Act, dealing with district panchayats, dilute the special constitutional protections accorded to tribal regions.

Alleged breach of Fifth Schedule and fundamental rights

According to the petitioners, the Telangana Panchayat Raj Act violates the Fifth Schedule of the Constitution read with Article 244(1), besides infringing Articles 14 and 21, Article 46, and Articles 243M(1) and 243M(4)(b).

Reliance was also placed on a 2010 judgment of the Supreme Court of India on the scope of constitutional protections in Scheduled Areas.

The plea argues that Telangana’s Scheduled Areas, originally notified under the Scheduled Areas (Part B States) Order, 1950, are governed by a distinct constitutional framework that the State cannot override through ordinary legislation.

Presidential assent under question

A key issue raised before the Bench was the absence of Presidential assent to the 2018 Act.

The petitioners maintained that any State law affecting Fifth Schedule areas must receive Presidential approval, failing which it would be unconstitutional.

The Bench sought clarity from the State on how Section 136 of the Panchayat Raj Act can coexist with PESA, and whether the State has the authority to determine reservation percentages in tribal local bodies, including instances of 100 per cent reservation.

Court flags limits of reservation powers

While acknowledging the objective of tribal empowerment, the judges expressed concern over whether excessive reservations could breach constitutional limits or conflict with the federal scheme under PESA.

The court indicated that the balance between State autonomy and Parliamentary oversight in Scheduled Areas must be strictly maintained.

State asked to justify the reservation model

The High Court directed the State government to place on record empirical data and detailed legal reasoning to justify the existing reservation framework under the 2018 Act.

The State has been asked to demonstrate how its model advances tribal self-governance without violating constitutional or statutory mandates.

Case adjourned; wider implications

The matter has been adjourned for two weeks.

The court noted that any finding declaring parts of the Act ultra vires could have far-reaching consequences, potentially requiring a restructuring of local governance, reservation policies and election processes in Telangana’s Scheduled Areas.

The next hearing about the case is expected to focus on the technical calculation of reservations and whether the State has exceeded its legislative competence in a domain governed by Central law.