Context:
Uttar Pradesh has approved a dedicated commission to examine OBC reservation in Panchayati Raj institutions. This step is linked to judicial directions that OBC reservation in local body elections must be based on empirical data and follow the constitutional “triple test.”
- OBC reservation in Panchayats aims to provide representation to socially and educationally backward classes in grassroots democracy.
- Panchayats are constitutional local self-government institutions under Part IX of the Constitution.
- Article 243D provides for reservation of seats in Panchayats for Scheduled Castes, Scheduled Tribes and women.
- Reservation for backward classes in Panchayats can be provided by State laws, but it must satisfy judicially evolved safeguards.
- The Supreme Court has laid down the triple test for OBC reservation in local bodies.
- The first requirement is setting up a dedicated commission to study backwardness in local bodies.
- The second requirement is conducting an empirical inquiry to collect objective data on backwardness.
- The third requirement is fixing the reservation proportion without breaching the overall constitutional reservation limits.
- OBC reservation cannot be based only on political claims or general population estimates.
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Triple Test Requirement and OBC Panchayat Reservation