OBC Reservation in Local Body Elections
The 73rd & 74th Constitutional Amendment Act of 1992 authorises the legislature of a state to make any provision for reservation of seats in any panchayat/municipality or offices of chairperson in the panchayat/municipalities at any level in favour of backward classes.
The Supreme Court has emphasised since 2010 that the OBC quota in elections should be backed by empirical data, unlike reservation for OBCs, (along with SCs and STs) in education and employment.
In 2010, the SC had laid down the ‘triple test’. These triple conditions are:
1. Setting up a dedicated commission to conduct “rigorous empirical inquiry into the nature and implications of the backwardness qua local bodies, within the state”.
2. Making of recommendations by the commission on the number of seats to be reserved for OBCs “local body wise”.
3. Ensuring that, cumulatively, seats reserved for SCs, STs and OBCs do not exceed 50 percent.
Why it is in news?
The government in Gujarat increased reservation for the Other Backward Classes (OBCs) from the existing 10% to 27% for elections to the panchayats and urban local bodies.
Based on the recommendation of the Justice Jhaveri Commission report.
COMMENTS