K KRISHNA MURTHY Vs. UNION OF INDIA

JUDGEMENT

(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: