Supreme Court Rejects AP’s 34% BC Quota

Why in News?

The Supreme Court rejected the Andhra Pradesh government's appeal to reinstate a 34% reservation for Backward Classes (BCs) in local bodies.

• The Court affirmed the Andhra Pradesh High Court’s decision to invalidate the increased quota, as it exceeded the 50% limit on total vertical reservation for SCs, STs, and BCs.
• The State’s unified family survey was deemed inadequate in the absence of a rigorous and specific empirical evaluation of backwardness and representation within local bodies.

Constitutional Provisions: Reservation in Local Bodies

• Part IX – Article 243D (Panchayats)
  • Reserves seats for SCs and STs in proportion to their population.
  • Reserves at least one-third of seats and chairperson positions for women, as per constitutional provisions.
  • Allows the State Legislature to reserve seats for backward classes in Panchayats.
• Part IX-A – Article 243T (Municipalities)
  • Reserves municipal seats for SCs and STs.
  • Reserves at least one-third of municipal seats for women, as per constitutional provisions.
  • Allows the State Legislature to reserve seats for backward classes in municipalities.

50% Reservation Ceiling

• The Supreme Court generally considers 50% as the maximum limit for total vertical reservation, except where the constitutional framework or exceptional circumstances in its jurisprudence allow otherwise.
• Vertical reservation covers categories such as:           
  • Scheduled Castes (SCs)
  • Scheduled Tribes (STs)
  • Other backward classes, including those classified as BCs under State law.

Triple Test for OBC Reservation in Local Bodies

The landmark judgment in Vikas Kishanrao Gawali v. State of Maharashtra (2021) reaffirmed the criteria for granting reservations to backward classes in local governing bodies.

• Dedicated Commission – A commission must be established to conduct a rigorous and contemporaneous inquiry into the nature and extent of backwardness among the relevant classes with respect to local bodies.
• Local-body-specific data – The proportion of reservation required for backward classes in each local body should be determined using empirical evidence, rather than relying solely on population figures.
• Observe the 50% ceiling – It must be ensured that reservations for Scheduled Castes, Scheduled Tribes, and backward classes collectively do not exceed the prescribed 50% ceiling, in accordance with the relevant constitutional and judicial framework.

Reference

The Hindu | 34% Quota for BC in Local Bodies