Wednesday, May 12, 2010

[ZESTCaste] SC upholds notification for reserved category in panchayats

SC upholds notification for reserved category in panchayats


The Supreme Court upheld the notification providing reservation for
reserved category candidates in local self-government bodies such as
panchayats and municipalities.

A five-judge constitution bench comprising Chief Justice K G
Balakrishnan, Justices R V Raveendran, D K Jain, P Sathasivam and K M
Panchal ruled that provision for reservation for OBCs did not violate
the provisions of Article 15 and 16(4) of the Constitution of India.

The government notification had provided reservation for reserved
category candidates including SCs and STs for the post of Sarpanch of
the Panchayat as well as for chairman of municipality.

The main contention of the petitioner was that it would be in the
interest of the people that they are ruled at local level by their own
who belonged to their caste and community since such persons would
understand their problems better.

The stand of the government was that such reservation was in the
interest of socially, educationally and economically backward sections
of the society who require concessions as well as proactive and
affirmative action to bring them at par with the well-off sections of
the population.

Moreover, they have been subjected to caste-based discrimination for centuries.

The apex court also noted that the constitutional amendment providing
quota for backward sections of society in local bodies is in
conformity with the concept of social justice.


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