The Uttar Pradesh cabinet on Monday gave its approval to the constitution of a dedicated Backward Class Commission for determining reservation for Other Backward Classes (OBCs) in the state’s three-tier panchayati raj institutions. This move comes in compliance with directives issued by the Supreme Court.
Commission Composition and Mandate
The government will set up a five-member commission headed by a retired high court judge. The commission will conduct contemporary and empirical studies to assess the nature and impact of backwardness among OBCs in rural local bodies. It will have a tenure of six months. Based on its findings, the commission will recommend proportional reservation for backward classes in panchayat institutions in Uttar Pradesh.
Context and Legal Framework
The development comes amid growing uncertainty over the holding of rural local bodies elections, which are scheduled later this year. The state government currently undertakes reservation-related exercises for rural local bodies under the Uttar Pradesh Panchayati Raj Act, 1947, and the Uttar Pradesh Kshetra Panchayat and Zila Panchayat Act, 1961.
Under Article 243-D of the Constitution, along with Sections 11-A and 12(5) of the Uttar Pradesh Panchayati Raj Act, and Sections 6-A, 7-A, 18-A and 19-A of the Uttar Pradesh Kshetra Panchayat and Zila Panchayat Act, two separate rules govern reservation and allotment of seats and posts in panchayati raj institutions. These include the Uttar Pradesh Panchayat Raj (Reservation and Allotment of Seats and Offices) Rules, 1994, and the Uttar Pradesh Kshetra Panchayat and Zila Panchayat (Reservation and Allotment of Seats and Offices) Rules, 1994, both as amended from time to time.
Reservation Provisions
These rules prescribe the procedure for reservation and allotment of posts of chairpersons and member seats in gram panchayats, kshetra panchayats, and zila panchayats. According to the statutory provisions, the state government is empowered to reserve seats and offices in panchayati raj institutions for Scheduled Castes (SCs), Scheduled Tribes (STs), and OBCs through official notification.
The proportion of reserved seats for SCs, STs, and OBCs should be in line with their share in the state’s population. However, reservation for OBCs cannot exceed 27% of the total seats in panchayati raj institutions. In cases where updated population data for backward classes is unavailable, surveys may be conducted to determine their population, the cabinet noted.
Commission Members
The proposed commission will comprise members appointed by the state government with expertise and knowledge about backward class issues.
