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Reservation in local bodies polls unconstitutional

Reservation of seats for Backward Classes and women in the electionto panchayats and municipalities in pursuant to the 73rd and .....




  #1  
11-05-2008
Member
 
: Oct 2008
: India
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Arrow Reservation in local bodies polls unconstitutional


Reservation of seats for Backward Classes and women in the electionto panchayats and municipalities in pursuant to the 73rd and 74th amendments in the Constitution is unconstitutional, argued senior counsel Rama Jois in the Supreme Court on Tuesday.

He was making his submissions before a Constitution Bench comprising Chief Justice K.G. Balakrishnan and Justices R.V. Raveendran, D.K. Jain, P. Sathasivam and J.M. Panchal hearing a batch of petitions challenging the validity of the two amendments.


Subsequent to these amendments, several States incorporated provisions in the local laws providing for reservation to SCs/STs, women and Backward Classes. Karnataka enacted legislation reserving 84 per cent of the seats and this law was also under challenge.


Mr. Jois submitted that he was not questioning the reservation in respect of SCs/STs but there was absolutely no rational basis for providing reservation in the matter of election in favour of women and Backward Classes. In the absence of any rational basis for such reservation, the amendments violated the basic structure of the Constitution.


He argued that principle of reservation could be applied only in respect of education and employment and not for contesting elections.


He said such a reservation in the election of members in panchayats and municipalities was not within the scope and ambit of Article 15 (3) and (4) of the Constitution and hence it was violative of the principles of equality. As far as elections were concerned, there was no question of Backward Classes being at a disadvantageous position as in the case of selection in employment.


He argued that equality as incorporated in Articles 14 and 15 which prohibited discrimination against citizens only on grounds of caste, religion or sex being an element of basic structure, any amendment to the Constitution “which destroys equality is invalid.”


He said “once citizens are elected as members of a local authority whether on the basis of reservation or otherwise, they all belong to one category and similarly situated. Second, reservation in the election of chairperson is wholly discriminatory and destructive of democracy.”


Mr. Jois submitted that “each citizen has only one vote. Therefore, Forward Classes and so called Backward Classes who are all citizens are similarly situated. Discrimination against non-Backward Classes is discriminatory. For, the classification is made only on the ground of caste.”
Citing various apex court judgments, the counsel said these decisions had laid down the principle that caste could not be made the sole or dominant test to determine backwardness and any classification determining backwardness only with reference to caste would be invalid.
  #2  
05-04-2010
Junior Member
 
: May 2010
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Reservation in local bodies have their advantages and disadvantages. It is beneficial for some one but sometimes it is miss used and also discourage people to work hard.
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pink bedding
  #3  
07-11-2010
Senior Member
 
: Oct 2009
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I have reiterated many a times that quota system can not be removed by any political party for the reason of vote bank. The apex court will only uphold the constitution and constitution can be amended by ruling political parties. I expect a heat of such a magnitude generated by us that is bound to shake the entire system. We must regain our lost ground. History is made by us and we must be able to uproot this system. Let us unite across the country and abroad. Let me remind you all that these privileged groups are helped and guided by forward caste people which should be stopped at once. We should create forums at our places and members from forward caste should be brought underneath. To start with, we can demand-
1. The 50% of unreserved seats can not be claimed by reserved categories.
2. Once a candidate is given reservation benefits, his/her son/daughter can not claim reservation benefits

 

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