The state government of Gujarat has recently increased reservations for Other Backward Classes (OBCs) from the existing 10% to 27% in local bodies, following a Supreme Court directive. This decision has sparked widespread debate surrounding the subject of OBC reservation as well as its relative pros and cons.
OBC Reservation Increase in Gujarat: Key Points
The decision to hike the OBC reservation was informed by recommendations given by the Justice K S Jhaveri Commission, which was formed in response to a Supreme Court directive to recommend OBC reservation in local bodies across Gujarat. The 27% OBC reservation will now apply to municipal corporations, municipalities, gram panchayats, taluka panchayats, and district panchayats. However, areas covered by the PESA Act 1996 (where ST population exceeds 50%) will continue to provide only a 10% reservation to OBC candidates. SCs will retain their existing quota (14%) and STs (7%) without any breach of the 50% reservation ceiling as directed by the Supreme Court.
Supreme Court’s Position on Local Body Reservations
According to the case K Krishnamurthy (Dr.) v Union of India (2010), the Supreme Court acknowledged Articles 243D(6) and 243T(6), enabling reservation for backward classes in local governing bodies. The Court also distinguished between political participation barriers and segregation in education or employment, which forms the basis for reservation under Article 15(4) and 16(4). However, the SC mandated that local body reservations need to fulfill three conditions or the ‘triple test,’ which includes setting up a dedicated Commission, specifying reservation proportions specific to each local body, and ensuring total reservations do not exceed 50%.
Arguments for and Against OBC Reservation in Local Body Polls
Proponents argue that reservations empower OBC individuals, allowing them to actively engage in governance, voice concerns, drive community advocacy, and influence policy-making. Elected representatives from OBC communities can address challenges effectively due to their lived experiences. Furthermore, reservation also fosters political awareness, leadership skills, and leads to equitable resource distribution over time.
On the other hand, detractors claim that caste-based reservations reinforce societal divisions and create disparities within OBCs, with some groups benefiting more than others (the ‘creamy layer’ argument). There are also doubts about the long-term efficacy of these reservations in addressing socio-economic disparities. Critics suggest alternatives such as targeted welfare schemes or skill development programs. There are also concerns about political considerations overshadowing governance needs when candidates are elected through reservation, possibly hindering effective decision-making and overall local body development.
Previous Year Questions on the Subject in UPSC Civil Services Examination
In the UPSC Civil Services Examination of 2017 and 2016, two questions were posed related to local self-government. The answers were “(b) Democratic decentralisation” for the 2017 question, and “(b) 2 only” for the 2016 question. The first question interpreted local self-government as an exercise in democratic decentralisation, while the second question referenced Article 243F and Art 243E(4) of the Indian Constitution, outlining age-specific requirements and dissolution conditions for Panchayat membership.
Last Modified: February 22, 2024