In a landmark ruling, the Supreme Court has allowed the state of Madhya Pradesh to provide reservation to Other Backward Classes (OBC) in Local Body Elections. The decision changes the status quo, as previously only Scheduled Castes, Scheduled Tribes, and women had quotas in local bodies in Madhya Pradesh. This critical shift is notable because it means the state government has successfully complied with the triple-test formula that the apex court set for OBC reservation in local body polls.
OBC Reservation Background
The Supreme Court, while hearing a plea by the Maharashtra government, decided to recall its December 2021 order that suspended 27% reservation for Other Backward Classes (OBCs) in local body elections due to a lack of relevant data. The reversal of this order comes after the Supreme Court in 2021 nullified OBC quotas in local body polls in Maharashtra, Madhya Pradesh, and Odisha because they failed to meet the triple test.
The Concept of Triple-Test Formula
Introduced by the Supreme Court in 2010 and upheld in March 2021, the Triple-Test Formula necessitates that states establish a commission to collect quantifiable data about the community. This information then guides the allocation of reservation to local bodies such that the total reservation per seat does not exceed 50%.
Recent Supreme Court Ruling
The Supreme Court instructed Madhya Pradesh to declare the OBC seats following the three-member OBC commission’s assessment in 2021. The commission found that 48% of the state’s population comprise OBCs and approved reservation of varying degrees across each municipal seat, up to a maximum of 35%. The Madhya Pradesh State Election Commission may now declare the election schedule for the respective local bodies considering the already issued delimitation notifications by the state government.
Implication to Madhya Pradesh State Laws
The verdict came in response to a petition challenging the amendments made in April 2022 to the Madhya Pradesh Municipal Act of 1956, Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam of 1993, and Madhya Pradesh Municipalities Act of 1961. These alterations permitted the state government to decide the number and extent of wards in the local bodies affected.
2010 Supreme Court Judgement Explained
In the case of K. Krishnamurthy (Dr.) v. Union of India, a five-judge Constitution Bench of the Supreme Court interpreted Article 243D(6) and Article 243T(6). These Articles allow for reservation for backward classes in panchayat and municipal bodies by law, adding that obstacles to political participation do not equate to those limiting access to education and employment. Reservation may be desirable for creating a level playing field, as mandated by these Articles, providing a distinct constitutional basis for reservation.
Understanding Local Government
Local Self Government refers to the governance of local affairs by elected bodies representative of the local people. It encompasses both rural and urban governments and serves as the third level of government. There are two kinds of local self government – Panchayats for rural areas and Municipalities for urban regions.
Exam Questions on Local Self Government
Questions on Local Self Government have appeared in the UPSC Civil Services Examination in previous years. One such question asked in 2017 concerned the best definition of Local Self Government. The answer was (b) Democratic decentralisation, which refers to the transfer of power from the central government to local authorities. Another question in 2016 asked about the minimum age to be a member of Panchayat and the tenure of a reconstituted Panchayat. The correct answer was (b) 2 only, explaining that the minimum age is 21 years and a reconstituted Panchayat continues only for the remainder of the term for which the dissolved Panchayat would have remained.