The number of seats for other backward classes (OBCs) in gram panchayats (GPs) has reduced by half, thanks to the State government’s cap on political reservation at 50 per cent.
Of the 94,458 seats in the 5,844 GPs going to polls in May and June, there are around 15,000 seats for the OBCs. (The other 229 GPs are yet to complete their term). In the 2010 GP elections, the number of seats for the OBCs was over 31,000.
Villages where the Scheduled Caste and Scheduled Tribe population is higher than average, the OBCs quota is cut as the total reserved seats should not exceed half the total number of seats in that village or GP.
Rekulagi village in Bidar district, for example, has nearly 50 per cent SC and ST population. The GP has 22 seats with eight seats for SCs and five for STs. As this crosses 50 per cent of the total seats, there are no seats reserved for the OBCs. This is the result of the observation of the Supreme Court in the Krishnamurthy vs. Union of India case (2010). The apex court had said the upper ceiling of 50 per cent vertical reservations in favour of SC/ST/OBCs should not be breached in the context of local self-government.
Activists, however, believe this judgment should be challenged. Lolaksha, AHINDA leader and Mangaluru-based lawyer, said, “The State government should enact a law removing the 50 per cent ceiling on political reservation. If need be, it should immunise the law from legal scrutiny by including it in the ninth schedule of the Constitution, like Tamil Nadu.”
H.K. Patil, Minister for Rural Development and Panchayat Raj, said, “We are following the law as it is today. But we are open for discussion.” He said the government could consider consulting experts once the elections were over.
Social Welfare Minister H. Anjaneya said the government would bring in necessary changes in the laws and approach the court, if need be, before the next elections.
The State government has capped political reservation at 50 per cent
