OBC quota in local govt

OBC quota in local govt

Subject: Polity

Context: The SC held that the OBC quota in local governance was“statutory”, unlike the “constitutional” reservation for Scheduled Castes and Scheduled Tribes and quota for SC, ST and OBCs must not break 50% ceiling for reservation.

Concept:

• The court decision came on petitions challenging Section 12(2)(c) of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961, which mandated that the State should provide 27 per cent reservation to OBCs.
• It also challenged State Election Commission notification providing for reservation exceeding 50 per cent in respect of Zilla Parishads and Panchayat Samitis of Washim, Akola, Nagpur and Bhandara districts.
• In case, constitutional reservation provided for SCs and STs were to consume the entire 50 per cent of seats in the concerned local bodies and in some cases in scheduled area even beyond 50 per cent, in respect of such local bodies, the question of providing further reservation to OBCs would not arise at all.

Reservation in 73^rd and 74^th Amendment act

• It provides for reservation for SCs and STs at all-levels of panchayats and municipalities in proportion to their population.
• It also provides for reservation for women (not less than 33% horizontally).
• Above two are mandatory provisions.
• It mentions that state can provide for OBC quota in local governance.