The Hindu : National : “Quota in local bodies does not violate Constitution”

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“Quota in local bodies does not violate Constitution”

J. Venkatesan

Equality will have no meaning without reservation: Centre

New Delhi: The Constitution 73rd and 74th amendments, providing for reservation for Backward Classes and women in panchayat and municipal elections, do not violate the basic structure principle, Additional Solicitor-General Gopal Subramaniam said in the Supreme Court on Thursday.

The two amendments were a historical necessity and obligation on the part of the state to empower disadvantaged sections, Mr. Subramaniam, appearing for the Centre, submitted before a five-judge Constitution Bench headed by Chief Justice K.G. Balakrishnan.

Under Article 21, people had a right to live with dignity. These unique amendments “which promote equality with dignity can never be said to be violative of the basic structure of the Constitution,” he said.

These were intended to remove inherent weaknesses in the system in the changing situation and environment. Reservation was necessary for the political and social empowerment of the Backward Classes and women.

“Our Constitution recognises dynamic equality and not frozen equality. To advance such goals as empowerment of women is consistent with the basic structure of the Constitution and it can never be said to obliterate the basic structure.”

Refuting the petitioners’ contention that such reservation violated the concept of equality, Mr. Subramaniam said experience over the years showed that it had brought about equality and uplift of marginalised sections.

The concept of equality would have no meaning if there was no reservation in local bodies. Before the two amendments were made, the proportion of BCs and women in panchayats and other local bodies was considerably small, and men were in a position to subjugate women. While in south India weaker sections had a fair representation, in the north a near-feudal system prevailed and there was no proper representation for the BCs and women. This prompted the government to bring in these amendments.

When Mr. Subramaniam submitted that reservation for the Other Backward Classes was already upheld by the apex court in the Mandal case and in April in the Thakur case, Justice R.V. Raveendran reminded him that these judgments wanted the creamy layer excluded from the OBCs. The judge asked, “Is it your contention that the creamy layer should be excluded from politics?”

Vast change

Mr. Subramaniam said that as per a study conducted across the country, the panchayat raj institutions were doing well and the quality of life of the people underwent a vast change.

In particular, where seats were reserved for women, the priorities of planning and development changed and importance was being given to provide basic facilities like drinking water. Reservation resulted in decentralisation of democracy, self-governance, rural development, undertaking of poverty alleviation programmes and strengthening of the planning process.

The Bench, including Justices D.K. Jain, P. Sathasivam and J.M. Panchal, is hearing a batch of petitions challenging the validity of the 73rd and 74th amendments. Arguments will continue on November 11.

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