Please enable JavaScript.
Coggle requires JavaScript to display documents.
OBC Reservation in Local Bodies - Coggle Diagram
OBC Reservation in Local Bodies
Rahul Ramesh Wagh v. State of Maharashtra &Ors Case, 2022
It mandated principles laid down by the Supreme Court for providing OBCs quota in local bodies be followed across the country
What is the case?
Several ordinances were promulgated to amend states act
No empirical data was used
Maharashtra has constituted a Commission to ascertain the backwardness of OBCs in June 2021
There was a haste conduct local body elections with OBC reservations
Supreme Court stuck had stuck down local body elections
What did the SC observe now?
Principles laid down for providing reservation to OBCs in local bodies shall be scrupulously followed
This was sought as decree under Article 141 of the Constitution
Recalled K. Krishnamurthy (Dr.) v. Union of India (2010) judgment
Major takeaways of K. Krishnamurthy Case
SC elaborated Article 243D(6) and Article 243T(6)
Triplet test to be followed:
to set up a dedicated Commission to conduct empirical inquiry into the nature of the backwardness in local bodies
to specify the proportion of reservation required to be provisioned local body-wise
such reservation shall not exceed aggregate of 50% cap of the total seats reserved for SCs/STs/OBCs taken together
Barriers to political participation are not the same as barriers to education and employment
For creating a level playing field, the reservation may be desirable
Reception of the Krishnamurthy Judgment
This judgment was not acted upon
The constitutionality of the enacted reservation was challenged
Indian political class displayed apathy
Conclusions
Had the governments stuck to the law as mandated by Article 141 of the Constitution, this quandary wouldn’t have arisen.
Judiciary does not usually interfere into Elections, States often seek to bypass the OBC reservation issues
Rule of law is not just a set of letters, but it has to be followed in spirit.
Elections, undoubtedly, must be held on time.
Much of the judiciary’s time could have been saved.