Chhattisgarh Doubles Quota in Panchayat, Urban Bodies to 50 per cent

OBC reservation in Chhattisgarh’s 3-tier panchayat and urban local bodies would be doubled  from 25 to 50%. 

• New reservation would not apply to bodies where the total reservation for Scheduled Castes (SC) and Scheduled Tribes (ST) is already 50% or more.

Supreme Court’s View on Local Body Reservations

• Key Case: K. Krishnamurthy (Dr.) v. Union of India (2010).
  • Articles Interpreted:
    • Article 243D(6): Allows reservations in Panchayats for backward classes.
    • Article 243T(6): Permits reservations in Municipal bodies for backward classes.
  • SC’s Stand:
    • Barriers to political participation differ from barriers to education and employment.
    • Reservations in local bodies are distinct and should meet specific criteria.
  • Basis for Reservations in Education and Employment: Articles 15(4) and 16(4).

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Triple-Test Formula for OBC Reservations in Local Bodies

• Origin: Laid down by the Supreme Court in K. Krishnamurthy (2010) and reiterated in Vikas Kishanrao Gawali v. State of Maharashtra (2021).
• Three Tests for Valid Reservation:
  1. Commission Setup: A dedicated commission must conduct a detailed inquiry into the backwardness of local bodies.
  2. Empirical Data: The commission should determine the specific proportion of reservation required for each local body.
  3. 50% Cap: Total reservation for SCs, STs, and OBCs must not exceed 50% of total seats.

73rd Constitutional Amendment Act of 1992

• SC/ST Reservation in Panchayats:
  • Seats reserved in proportion to the population in each panchayat area.
  • States can also reserve chairperson offices for SCs/STs in panchayats.
• Women’s Reservation:
  • One-third of total seats reserved for women, including SC/ST women.
• Backward Class Reservation:
  • States can legislate to reserve seats and chairperson offices in panchayats for backward classes.
• Some states have increased the reservation of seats for women to 50%. 
  • For example, in West Bengal, one-third of the councilor positions in each Gram Panchayat are reserved for women, and a share equal to their population is reserved for Scheduled Castes and Scheduled Tribes.
  • In Bihar, 50% of seats in Panchayat Raj Institutions (PRIs) are reserved for women. Bihar was the first state to implement this reservation in 2006.

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Duration of Reservation in Panchayats (Article 334)

• Expiration: Reservation provisions set for 80 years (until 2030), covering SC/ST seats in panchayats.
• 83rd Constitutional Amendment Act (2000):
  • SC reservation in panchayats does not apply to Arunachal Pradesh due to its indigenous tribal population.