Swarna Shukla –
Published On: December 1, 2021 at 19:00 IST
The Madras High Court is set to inspect if giving reservation to backward classes (BC) in the forthcoming Pudducherry local body elections is required as per the constitutional arrangements or not.
The Court was hearing a batch of petitions challenging the withdrawal of reservation for Backward Classes (BC) and Scheduled Tribes (ST) for the upcoming local body elections.
The Bench of Acting Chief Justice Munishwa Nath Bhandari and Justice P.D. Audikesavalu have noted, “The issue to be addressed here is if it’s mandatory for the State to provide reservation in election for backward classes. The Senior Council for the State has also said that Articles 243-(d)(6) and 243-(t)(6) which deals with reservation for backward classes is an enabling provision unlike the mandatory nature of reservation for Sheculed Castes and Shceduled Tribes given in other clauses.”
Till now three Petitions have been filed in the High Court challenging the Puducherry Government orders and State Election Commission Notification dissociating reservation for backward classes and Scheduled Tribes in forthcoming elections.
It was argued by the Petitioner that the procedure for verifying the allotment of seats to Scheduled Castes should also be followed for backward classes. Failure of which would violate Section 9(8) and 11 (8) of the Puducherry’s Municipality Act 1973 along with Puducherry Village and Commune Panchayat’s Act 1973 along with constitutional provisions.
The Senior Council representing the Union Territory acknowledged that the number of seats for SC and ST are reserved as per Article 243(d)(1) and 243(t)(1) and Panchayats and Municipalities respectively, based on their proportion of population.
The Counsel also added that many issues like Promotions and Reservation in Government Jobs, committees were constituted after Supreme Court issued guidelines and it wasn’t under any specific Statutes.
The State Counsel likewise added that the opportunities for SCs/STs are still up in the air based on enumeration according to Article 243. Since the 2021 Census didn’t occur because of the pandemic, Seats can’t be held.