SC rejects A.P. plea to restore 34% BC quota in local bodies
Why in news?
Supreme Court upheld High Court ruling striking down Andhra Pradesh’s 34% BC quota in local bodies for lacking empirical data.
UPSC Relevance –
Prelims: Articles 243D and 243T, triple test, 50% ceiling.
Mains, GS2: Devolution of powers and finances up to local levels.
The case in brief
- Andhra Pradesh decided in 2026 to restore 34% reservation for Backward Classes (BCs) in local bodies, which would take total reservation above 50%.
- The High Court struck it down on October 1, holding the State had not produced the empirical data needed to cross the 50% ceiling. The Supreme Court has now dismissed the State’s appeal.
- The Court found that figures from a unified family survey (a general household database) were not enough. There was no specific assessment of backwardness and representation in local bodies, which the law requires.
Constitutional framework
- 73rd and 74th Amendments (1992) gave constitutional status to Panchayats (Part IX) and Municipalities (Part IXA).
- Article 243D / 243T: Seats for SCs and STs must be reserved in proportion to their population in that area. At least one-third of seats (including SC/ST seats) are reserved for women. Offices of chairpersons can also be reserved as the State law provides.
- Article 243D(6) / 243T(6): These are enabling provisions. The State Legislature may reserve seats and chairperson posts for backward classes. Unlike SC/ST reservation, BC reservation is not mandatory and has no constitutional formula.
Key judgments
| Case | Year | What it held |
|---|---|---|
| K. Krishna Murthy vs Union of India | 2010 | Upheld 243D(6) and 243T(6). Held that political backwardness is different from social and educational backwardness, so data used for jobs and education cannot be used automatically for local bodies. Vertical reservation in local bodies should not exceed 50% (except Scheduled Areas). |
| Vikas Kishanrao Gawali vs State of Maharashtra | 2021 | Struck down Maharashtra’s OBC quota in local bodies and laid down the triple test. |
| Suresh Mahajan vs State of Madhya Pradesh | 2022 | Elections cannot be delayed for want of OBC data; if the triple test is not met, seats go to the general category. |
The triple test
Before reserving seats for OBCs in local bodies, a State must:
- Set up a dedicated commission to conduct a contemporaneous, rigorous empirical inquiry into the nature and implications of backwardness in local bodies.
- Specify the proportion of reservation local body-wise, based on the commission’s recommendations, to avoid over-breadth.
- Ensure that total reservation for SCs, STs and OBCs does not exceed 50% of seats.
The test asks a narrow question: are OBCs under-represented in local bodies, and by how much? A general socio-economic or household survey does not answer this. That is why the AP survey data failed.
The debate
Arguments for raising BC reservation
- BCs form a large share of the population in most States; a 50% cap may leave them under-represented in grassroots democracy.
- Local bodies are the first step to political leadership. Fair share there builds a pipeline for higher levels.
- The EWS judgment shows the 50% limit is not absolute, which States cite to argue for flexibility.
Arguments for the Court’s approach
- Reservation must rest on quantifiable data, not political announcements made before elections.
- The 50% ceiling protects equality of opportunity for others and is part of a balanced reading of Article 14.
- Backwardness in politics may differ from area to area. Some groups may already be well represented in local bodies.
Concerns
- Delayed elections: Litigation over quotas has kept local bodies without elected representatives, against the spirit of Article 243E/243U (five-year term and timely elections).
- Data deficit: No caste-wise data since 1931 census (except SC/ST). The decision to include caste enumeration in the upcoming Census may help, but local body-level data on representation will still be needed.
- Populism: Parties promise quotas they cannot legally deliver. In this case, the ruling party has said it will give 34% of tickets to BCs in local polls, a party-level choice that needs no legal backing.
Way forward
- Permanent, well-resourced State backward class commissions that keep local body representation data updated, instead of hurried exercises before each election.
- Use the upcoming caste census data along with local body records to meet the triple test.
- Hold elections on time; quota disputes should not suspend local democracy.
- Ensure the most backward among BCs benefit through sub-classification, as recommended by the Rohini Commission for central OBC lists.
- Parties can widen representation voluntarily through ticket distribution, as AP’s ruling party now proposes.
The judgment does not deny the case for BC representation. It insists that reservation be based on evidence about local bodies. States that build that evidence carefully are more likely to see their quotas survive.
Practice MCQ
Q1. With reference to reservation in Panchayats, consider the following statements:
- Article 243D(6) enables the State Legislature to reserve seats for backward classes in Panchayats.
- Seats for Scheduled Castes and Scheduled Tribes in Panchayats are reserved in proportion to their population in that Panchayat area.
- Under the triple test, total reservation for SCs, STs and OBCs in local bodies should not exceed 50% of seats.
How many of the statements given above are correct?
(a) Only one
(b) Only two
(c) All three
(d) None
Answer: (c)
Mains Practice Question
Q. “The triple test seeks to ground OBC reservation in local bodies in evidence, but its application has often delayed grassroots democracy.” Critically examine. (15 marks, 250 words)