Context
The Andhra Pradesh High Court struck down orders providing 34% BC reservation in Panchayati Raj Institutions and 33.33% in urban local bodies, as aggregate reservations exceeded 50%. It directed authorities to begin the election process, preferably within six weeks.
Explanation
- Articles 243D and 243T enable State legislatures to reserve seats and chairperson posts for Backward Classes in Panchayats and Municipalities, respectively.
- Unlike mandatory SC/ST reservation, providing BC reservation is discretionary for States.
- In Vikas Kishanrao Gawali v. State of Maharashtra (2021), the Supreme Court prescribed a triple test for OBC political reservation.
- First, establish a dedicated commission to conduct a rigorous empirical inquiry into backwardness concerning local bodies.
- Second, determine the reservation proportion separately for each local body, based on its recommendations.
- Third, ensure combined SC, ST and OBC reservations ordinarily do not exceed 50% of total seats.
- Backwardness for political representation differs from backwardness relevant to education and public employment.
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BC Political Reservation