Adivasi voices silenced: Revisiting ZPTC/ MPTC reservations in Scheduled Areas

By Dr Palla Trinadha Rao 

Reserving Zilla Parishad Territorial Constituency (ZPTC) seats for non-tribals in the Scheduled Areas of Telangana violates the spirit of the Fifth Schedule to the Constitution and runs contrary to the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA). PESA was enacted to guarantee self-governance and political empowerment of STs in constitutionally protected areas. Yet, the present reservation pattern notified for local body elections in Telangana undermines this constitutional mandate.  

This issue is particularly serious because Telangana has 85 Scheduled-Area mandals—30 fully notified and 55 partially notified—spread across nine districts: Adilabad, Kumuram Bheem–Asifabad, Mancherial, Mulugu, Warangal/ Mahabubabad region, Mahabubabad, Bhadradri–Kothagudem, Khammam, and Nagarkurnool. For instance, in Bhadradri–Kothagudem district alone, there are 16 fully Scheduled Mandals and six partially Scheduled Mandals.  

As per the notification issued by the District Election Authority in September 2025, out of the 22 ZPTC seats, only 10 seats were reserved for STs. Although the district has 16 fully Scheduled Mandals and six partially Scheduled Mandals, the District Collector issued election notifications reserving ZPTC seats in Scheduled Mandals even for non-tribals. Similarly, in Venkatapuram and Wajedu—both Scheduled Mandals in Mulugu district—their ZPTC seats have been reserved for non-tribals, effectively denying STs representation at the Zilla Parishad level. This gross under-reservation runs counter to the constitutional objective of ensuring meaningful tribal participation in local governance.  

Section 4(g) of PESA mandates that not less than 50% of all seats in Panchayats located in Scheduled Areas must be reserved for STs. It also requires reservation of Chairperson posts in favour of STs at all levels of Panchayats. These provisions are intended to ensure that the governance of Scheduled Areas remains in the hands of tribal communities.  

Judicial decisions have reiterated this principle. In Union of India v. Rakesh Kumar & Others (2010), the Supreme Court held that reservation exceeding 50% is permissible in Scheduled Areas due to the special protections under Article 243M(4)(b). The Court upheld reservation frameworks such as the Jharkhand Panchayat Raj Act, which provides up to 80% reservation in Scheduled-Area local bodies. Likewise, in B. Balaji & Another v. Government of Andhra Pradesh (A.P.) (2002), the A.P. High Court struck down the reservation of a Chairperson post for a non-tribal, ruling that even partial exclusion of villages from a Scheduled Area cannot dilute PESA’s mandate.  

The Andhra Pradesh Tribes Advisory Council (TAC), a constitutional body under the Fifth Schedule, resolved in its 103rd meeting (02-07-2010) that all Mandal Parishad Territorial Constituency (MPTC) and ZPTC seats in Scheduled Areas must be reserved exclusively for STs. This reflects the constitutional vision for tribal self-governance. The Government of Andhra Pradesh has implemented this mandate through Government Order (G.O.) Rt. No. 89 (05-03-2020), reserving all ZPTC seats in fully Scheduled Mandals exclusively for STs. Telangana, however, has not adopted a similar policy despite having a comparable Scheduled-Area structure and tribal population.  

Reserving ZPTC seats for STs in plain areas does not fulfil the purpose of PESA. Representatives elected from non-Scheduled areas cannot adequately address the unique challenges of tribals living in remote, forested, and socio-economically vulnerable Scheduled Areas. Moreover, using district-level population as the basis for reservations, instead of mandal-level Scheduled-Area status, violates the spirit of the Fifth Schedule. Scheduled Areas are constitutionally distinct, and their governance framework must reflect that distinction.  

The Government of Telangana must urgently revise the existing reservation notifications for ZPTC and MPTC seats in Scheduled Areas. Tribal organisations have demanded that all ZPTC and MPTC seats in fully and partially Scheduled Mandals be reserved exclusively for STs, irrespective of population proportions. Such a policy would align state practice with PESA, the Fifth Schedule, and binding judicial precedents, ensuring legitimate tribal self-governance.  

Restoring reservation rights in Scheduled Areas is not merely a legal requirement—it is essential for safeguarding the cultural integrity, administrative rights, and constitutional protections of Adivasi communities. Telangana must act now to honour both the constitutional mandate and the lived realities of its tribal populations.