New Delhi: Supreme court Refused to withdraw their month-old orders to cancel Wednesday 27% OBC quota In Panchayat Election in Maharashtra and Madhya Pradesh and that the State Election Commissions will have the right OBC seats In all future local body elections across India unless such quotas are determined in strict compliance with the SC’s triple-test guidelines.
A bench of Justices AM Khanwilkar, DM Maheshwari and CT Ravikumar strongly asked the Centre, Madhya Pradesh and Maharashtra, each of which to revoke the 27% OBC quota in Maharashtra and MP, to roll back the successive SC orders on December 15 and 17. Separate applications were filed for taking “There is no question of withdrawing our orders as these were passed after hearing all the parties.”
Giving universal status to two orders by applying to all states and union territories, the triple test principle laid down by the SC in March 2021 to determine the quantum of reservation for socially and economically backward classes (SEBCs), the bench said, if State Governments in future in the seats reserved for OBCs in local bodies “without complying with the requirement of triple test, State Election Commissions should ensure that OBC seats so reserved go to the polls as open category seats.”
The SC in its judgment of Vilas Krishnarao Gawli on March 4, 2021 had provided a triple test benchmark for states in determining OBC quota in local body elections. The three tests are: “1) to establish a dedicated commission to conduct contemporary rigorous empirical inquiry into the nature and implications of backwardness in the form of local bodies within the state; 2) specify the proportion of reservations required for provision of local bodies. In the light of the recommendations of the Commission, so as not to disturb the width; 3) In no case such reservation shall exceed 50% of the total number of seats reserved in favor of SC/ST/OBC.
Importantly, the SC clarified that states cannot rely on OBC population The purpose of determining the quantum of OBC quota in local body elections is reflected in the census conducted by the central government.
A bench headed by Justice Khanwilkar said, “With reference to the constitutional amendment to insert Article 342A(3) in the Constitution, the State/Union Territory is bound to prepare a list of SEBCs, to take action to provide can be done. Reservation for OBC Involved in elections to local governments. However, that list would be independent of the census work carried out by the central government under the Census Act. The list to be prepared by the States/Union Territories relating to SEBC under Article 342A(3) of the Constitution with effect from August 19, 2021, shall be independent of the census conducted by the Central Government.
It said, “The information and data available with the States may be submitted to a dedicated Commission, which may examine its effectiveness, and take appropriate decisions, including the submission of an interim report to the State Government, as may be necessary, which may be carried forward by the respective States in accordance with law.”
Article 342A(3) provides that “Every State or Union Territory may, by law, for its purposes, prepare and maintain a list of socially and educationally backward classes, the entries of which may differ from the Central List”. Huh.” The list available with the state, the SC said, will not be the determining factor in determining the OBC quota in panchayat elections.
It said, “This will not expressly override the requirement of the triple test, which has to be provided for reservation of seats for OBCs in local bodies, with reference to the decision of the SC in the Vikas Krishnarao Gawli judgment dated March 4, 2021.” is to be completed. The Commission may submit an interim report if the concerned authorities are advised to do so within two weeks of the receipt of the information and data from the State Government. We may not have expressed an opinion on the correctness of the information and data supplied. by states. It is for the commission to examine the said data. This observation should also rule in other states that want to go ahead with local government elections while providing reservation to the OBC category. ,
The bench said that if there are panchayat elections in future and the commission has not yet given any recommendations, or the state has not relied on the commission’s recommendations, then there can be no reservation for other backward classes in local body elections. , “If there is an election, it should be in accordance with the triple test guidelines as per the SC’s decision,” it said. However, it clarified that states can act on the interim recommendations of a commission dedicated to determine the quantum of OBC quota in panchayat elections.
A bench of Justices AM Khanwilkar, DM Maheshwari and CT Ravikumar strongly asked the Centre, Madhya Pradesh and Maharashtra, each of which to revoke the 27% OBC quota in Maharashtra and MP, to roll back the successive SC orders on December 15 and 17. Separate applications were filed for taking “There is no question of withdrawing our orders as these were passed after hearing all the parties.”
Giving universal status to two orders by applying to all states and union territories, the triple test principle laid down by the SC in March 2021 to determine the quantum of reservation for socially and economically backward classes (SEBCs), the bench said, if State Governments in future in the seats reserved for OBCs in local bodies “without complying with the requirement of triple test, State Election Commissions should ensure that OBC seats so reserved go to the polls as open category seats.”
The SC in its judgment of Vilas Krishnarao Gawli on March 4, 2021 had provided a triple test benchmark for states in determining OBC quota in local body elections. The three tests are: “1) to establish a dedicated commission to conduct contemporary rigorous empirical inquiry into the nature and implications of backwardness in the form of local bodies within the state; 2) specify the proportion of reservations required for provision of local bodies. In the light of the recommendations of the Commission, so as not to disturb the width; 3) In no case such reservation shall exceed 50% of the total number of seats reserved in favor of SC/ST/OBC.
Importantly, the SC clarified that states cannot rely on OBC population The purpose of determining the quantum of OBC quota in local body elections is reflected in the census conducted by the central government.
A bench headed by Justice Khanwilkar said, “With reference to the constitutional amendment to insert Article 342A(3) in the Constitution, the State/Union Territory is bound to prepare a list of SEBCs, to take action to provide can be done. Reservation for OBC Involved in elections to local governments. However, that list would be independent of the census work carried out by the central government under the Census Act. The list to be prepared by the States/Union Territories relating to SEBC under Article 342A(3) of the Constitution with effect from August 19, 2021, shall be independent of the census conducted by the Central Government.
It said, “The information and data available with the States may be submitted to a dedicated Commission, which may examine its effectiveness, and take appropriate decisions, including the submission of an interim report to the State Government, as may be necessary, which may be carried forward by the respective States in accordance with law.”
Article 342A(3) provides that “Every State or Union Territory may, by law, for its purposes, prepare and maintain a list of socially and educationally backward classes, the entries of which may differ from the Central List”. Huh.” The list available with the state, the SC said, will not be the determining factor in determining the OBC quota in panchayat elections.
It said, “This will not expressly override the requirement of the triple test, which has to be provided for reservation of seats for OBCs in local bodies, with reference to the decision of the SC in the Vikas Krishnarao Gawli judgment dated March 4, 2021.” is to be completed. The Commission may submit an interim report if the concerned authorities are advised to do so within two weeks of the receipt of the information and data from the State Government. We may not have expressed an opinion on the correctness of the information and data supplied. by states. It is for the commission to examine the said data. This observation should also rule in other states that want to go ahead with local government elections while providing reservation to the OBC category. ,
The bench said that if there are panchayat elections in future and the commission has not yet given any recommendations, or the state has not relied on the commission’s recommendations, then there can be no reservation for other backward classes in local body elections. , “If there is an election, it should be in accordance with the triple test guidelines as per the SC’s decision,” it said. However, it clarified that states can act on the interim recommendations of a commission dedicated to determine the quantum of OBC quota in panchayat elections.
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