K.G. Balakrishnan, C.J. - (1.) In these writ petitions, we are required to examine the constitutional validity of some aspects of the reservation policy prescribed for the composition of elected local self-government institutions. In particular, the contentions have concentrated on the provisions that enable reservations in favour of backward classes and those which contemplate the reservation of chairperson positions in the elected local self-government institutions. These provisions have been challenged as being violative of principles such as equality and democracy, which are considered to be part of the 'basic structure' doctrine.
(2.) The Constitution (Seventy-third) Amendment Act, 1992 [hereinafter '73rd Amendment'] and the Constitution (Seventy- fourth) Amendment Act, 1992 [hereinafter '74th Amendment'] had inserted Part IX and Part IX-A into the constitutional text thereby contemplating the powers, composition and functions of local self-government institutions, i.e. the Panchayats (for rural areas) and Municipalities (for urban areas). In pursuance of objectives such as democratic decentralization, greater accountability between citizens and the state apparatus as well as the empowerment of weaker sections, these constitutional amendments contemplated a hierarchical structure of elected local bodies. With respect to rural areas, Part IX contemplates three tiers of Panchayats, namely those of 'Gram Panchayats' (for each village, or group of small villages), 'Panchayat Samitis' (at the block level) and the 'Zilla Parishads' (at the District level). For urban areas, Part IX-A prescribed the constitution of 'Nagar Panchayats' (for areas in transition from a rural area to an urban area), 'Municipal Councils' (for smaller urban areas) and 'Municipal Corporations' (for a larger urban area).
(3.) To better appreciate the legislative intent, it would be instructive to refer to the following extract from the Statement of Objects and Reasons for the 73rd Amendment: 1. Though the Panchayati Raj Institutions have been in existence for a long time, it has been observed that these institutions have not been able to acquire the status and dignity of viable and responsive people's bodies due to a number of reasons including absence of regular elections, prolonged supersessions, insufficient representation of weaker sections like Scheduled Castes, Scheduled Tribes and women, inadequate devolution of powers and lack of financial resources. 2. Article 40 of the Constitution which enshrines one of the Directive Principles of State Policy lays down that the State shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government. In the light of the experience in the last forty years and in view of the short-comings which have been observed, it is considered that there is an imperative need to enshrine in the Constitution certain basic and essential features of Panchayati Raj Institutions to impart certainty, continuity and strength to them. 3. Accordingly, it is proposed to add a new Part relating to Panchayats in the Constitution to provide for, among other things, Gram Sabha in a village or group of villages; constitution of Panchayats at village and other level or levels; direct elections to all seats in Panchayats at the village and intermediate level, if any, and to the Offices of Chairpersons of Panchayats at such levels; reservation of seats for the Scheduled Castes and Scheduled Tribes in proportion to their population for membership of Panchayats and office of Chairpersons in Panchayats at each level; reservation of not less than one-third of the seats for women; fixing tenure of 5 years for Panchayats and holding elections within a period of 6 months in the event of supersession of any Panchayat;.... In the same vein, we can refer to the following extracts from the Statement of Objects and Reasons for the 74th Amendment: 1. In many States, local bodies have become weak and ineffective on account of a variety of reasons, including the failure to hold regular elections, prolonged supersessions and inadequate devolution of powers and functions. As a result, Urban Local Bodies are not able to perform effectively as vibrant democratic units of self-government. 2. Having regard to these inadequacies, it is considered necessary that provisions relating to Urban Local Bodies are incorporated in the Constitution, particularly for - (i) putting on a firmer footing the relationship between the State Government and the Urban Local Bodies with respect to - (a) the functions and taxation powers; and (b) arrangements for revenue sharing (ii) ensuring regular conduct of elections; (iii) ensuring timely elections in the case of supersession; and (iv) providing adequate representation for the weaker sections like Scheduled Castes, Scheduled Tribes and women. 3. Accordingly, it is proposed to add a new Part relating to the Urban Local Bodies in the Constitution to provide for - (a) constitution of three types of Muncipalities: (i) Nagar Panchayats for areas in transition from a rural area to urban area (ii) Municipal Councils for smaller urban areas; (iii) Municipal Corporations for larger urban areas.... (e) reservation of seats in every Municipality - (i) for Scheduled Castes and Scheduled Tribes in proportion to their population of which not less than one-third shall be for women;.... ;