Syllabus: GS2/Polity and Governance
Context
- The Supreme Court declined to interfere with a Telangana High Court order that had stayed two Government Orders enhancing the reservation for Other Backward Classes (OBCs) in municipalities and panchayats to 42%.
- This move would have taken total reservations to 67% — including 15% for Scheduled Castes (SCs), 10% for Scheduled Tribes (STs), 42% for OBCs (proposed).
About
- The Telangana High Court stayed the increase, citing the 50% ceiling set by Supreme Court precedents, but allowed elections to proceed with total reservations capped at 50%.
- Supreme Court’s Observations: Dismissed Telangana’s appeal; allowed elections to proceed without enhanced OBC quota.
- Declined to stay the High Court order, stating it cannot take a view inconsistent with Constitution Bench rulings fixing the 50% ceiling.
- Directed that the High Court can decide the matter on its own merits.
Reservation in India
- As per existing instructions, reservation is provided to Scheduled Castes (SCs), Scheduled Tribes (STs) and Other Backward Classes (OBCs) at the rate of 15%, 7.5% and 27%, respectively, in case of direct recruitment on all India basis by open competition.
- In direct recruitment on an all India basis, other than by open competition, the percentage fixed is 16.66% for SCs, 7.5% for STs and 25.84% for OBCs.
- The Constitution (103rd Amendment) Act 2019 enables the State (i.e., both the Central and State Governments) to provide reservation to the Economically Weaker Sections (EWS) of the society.
| What is the 50% Rule? – The Supreme Court has historically maintained that reservations, whether in jobs or education, should not exceed 50% of the total seats/posts. – Mandal Commission Case: In 1992, SC in the Indra Sawhney case had ruled that reservation should not exceed 50%, barring certain extraordinary situations. 1. Such as to provide reservations to communities which hail from far flung areas of the country and have been kept out of the mainstream of the society. This is not a geographical test but a social one. – EWS Judgement: The Supreme Court upheld the 103rd Constitutional Amendment which provides for 10% additional reservations to the EWS. 1. This means, for the time being, that the 50% limit applies only to non-EWS reservations, and States are permitted to reserve a total of 60% of the seats/posts including EWS reservations. |
Reservations in Local Bodies in India
- Reservation: Article 243D of the Constitution provides for reservation of seats in Panchayats for Scheduled Tribes, Scheduled Castes, Backward Class of citizens and women.
- Article 243T of the Indian Constitution is a provision for the reservation of seats in municipalities to ensure representation for Scheduled Castes, Scheduled Tribes, and women.
- Seats are reserved in proportion to their population in the local area.
- 1/3rd of total seats (including those for SCs/STs) are reserved for women.
- Reservation of offices of Chairpersons (like Sarpanch/Mayor) is also mandated.
- Reservation for OBCs in Local Bodies: The 73rd and 74th Constitutional Amendments (1992) did not mandate OBC reservation in local bodies.
- However, many States have extended it through state laws or ordinances, citing the need to ensure representation to backward classes.
- It must follow the Supreme Court’s “triple test” and not exceed a total of 50% of total reserved seats, including those for SCs and STs.
Constitutional Provisions Related to Reservation
- Article 16: It provides for equality of opportunity for all citizens but as an exception the State can provide for reservation of appointments or posts in favour of any backward class that is not adequately represented in the state services.
- Article 16 (4A): Provides that the State can make any provision for reservation in matters of promotion in favour of the Scheduled Castes and the Scheduled Tribes if they are not adequately represented in the services under the State.
- Article 335: It recognises that special measures need to be adopted for considering the claims of SCs and STs to services and posts, in order to bring them at par.
- 103 Amendment of the Constitution of India: Introduced 10% reservation for Economically Weaker Sections (EWS) of society.
Need for the Reservations in Local Bodies in India
- Strengthening Grassroots Democracy: True democracy is participatory. Reservation ensures that governance reflects the diversity of society.
- Women’s Empowerment: 33% reservation for women in Panchayati Raj Institutions has led to increased female participation in public life.
- Encourages women’s involvement in local development issues like health, education, sanitation, and welfare.
- Marginalized sections often have unique local problems — land rights, caste discrimination, livelihood issues — that may be ignored otherwise.
- Reservation ensures these issues are addressed within local governance frameworks.
- Reduction of Elite Capture: It prevents domination of local bodies by elite or dominant social groups.
- Promotes fair resource distribution and equitable development outcomes.
- Fulfilling Constitutional and Democratic Ideals: Reflects the spirit of the 73rd and 74th Constitutional Amendments which aim at decentralization, inclusivity, and empowerment.
- Strengthens India’s commitment to “Equality, Justice, and Fraternity” — core principles of the Constitution.
Emerging Issues and Challenges of Reservations in Local Bodies in India
- Proxy Representation and Lack of Real Empowerment: In many cases, especially under women’s reservation, elected representatives act as proxies for their male relatives (often called Sarpanch Pati or Pradhan Pati).
- Real decision-making power remains with dominant family or community members.
- Dominance of Local Elites: Despite reservations, local elites manipulate electoral and administrative processes.
- Economic and social hierarchies often continue to dictate decisions, undermining the autonomy of reserved category representatives.
- Inadequate Infrastructure and Support Mechanisms: Lack of proper training, funds, and institutional support for capacity building of elected representatives.
- Legal and Constitutional Challenges: Reservation beyond the 50% ceiling has been questioned by the Supreme Court.
- States struggle to balance social justice and constitutional limits.
- Inadequate Representation of Other Backward Classes (OBCs): Absence of up-to-date empirical data on OBC population at local levels hampers fair seat allocation.
Way Ahead
- Genuine Empowerment of Reserved Representatives: Ensure real authority for elected representatives, particularly women, by preventing proxy participation.
- Data-Driven Reservation Planning: Conduct regular socio-economic surveys to ensure accurate seat allocation for OBCs, SCs, STs, and women.
- Use evidence-based approaches to review and adjust reservation policies periodically.
- Legal Clarity and Policy Harmonization: Ensure compliance with the 50% reservation ceiling while exploring ways to extend affirmative action without violating constitutional limits.
- Monitoring: Establish independent oversight bodies to prevent misuse and ensure accountability.
- Promoting Inclusive Governance: Encourage collaboration across communities to reduce caste- or gender-based tensions.
Source: TH
Previous article
India Faces Highest CBAM Levy Among EU Trade Partners
Next article
NAM Should Advance Goals of Global South
