Grant Reservation To OBCs In Local Body Elections, Bring Census Under Concurrent List: DMK MP Wilson Writes To Prime Minister

Senior Advocate P Wilson, also a Member of Parliament from DMK party, has addressed a letter to Prime Minister Narendra Modi urging for due representation of the Other Backward Classes (OBC) in local bodies, like Municipalities and Panchayats.

He states that the 73rd and 74th Constitutional Amendments made way for establishment of local self governments at the grass root level, with an objective of democratic decentralisation of power and participation of the oppressed and backward classes in governance. Articles 243-D(6) and 243-T(6) also enabled the State Legislature to enact legislations to provide for seats.

However, he pointed at some legal difficulties that popped up in the process of providing reservation for OBCs in local body elections. Legal precedents show that the courts have interfered in providing these reservations on the ground that no empirical data is available on the percentage of OBCs living in the local bodies. The courts have put the duty on the state to appoint a dedicated Commission to gather information for ascertaining political backwardness of the backward classes to specify the proportion of the reservation required. Though the Union had issued a press release stating that they would seek review of these judicial pronouncements, no steps have been taken till date.

Mr Wilson stated that pursuant to the 15th Lok Sabha passing a resolution to undertake Socio Economic Caste Census which includes census of all castes other than SC/ST, the Union Cabinet undertook to conduct caste census with the assistance of States/Union Territories. However, the same has not been published even today. Thus, Mr. Wilson wonders how the state can prepare a list when the union refuses to publish the screened caste census data.

"Thus there is a constitutional deadlock prevailing in granting reservations to OBC's in local bodies," he said. 

He further suggested moving census, which is presently in the Union List as per Entry 69, List I, Schedule VII of the Constitution, to the Concurrent List so that the States can conduct their own census and the same would aid the State in maintaining an accurate list of backward classes contemplated under Article 342-A(3).

Thus, to remedy the constitutional deadlock prevailing in granting reservations to OBC's in local bodies, Mr Wilson suggests a three pronged approach:

1. To move the entry "census" falling under Entry 69 of the Union List to the Concurrent List giving both the Union and the State concurrent power to conduct census and

2. Simultaneously bring necessary constitutional amendments in Article 243(D)(6) and Article 243(T)(6) to compulsorily grant OBC reservations in local body elections on the basis of empirical data

3. Release the caste census data collected by the Union