📚 Part of: Anti Corruption Institutions And Governance In Maharashtra Mcqs

Recently, the Supreme Court read down Section 12(2)(c) of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 which provides reservation of 27 per cent. The bench relied on triple test of reservation. Which article calls for reservation of seats in panchayat?

Category: Maharashtra Gk

Correct Answer: C) 243D.

Exam Relevance: UPSC Civil Services, State PSC Exams, Local Governance Exams

Difficulty: Moderate

Concept notes:

Article 243D of the Indian Constitution mandates the reservation of seats for Scheduled Castes (SCs), Scheduled Tribes (STs), and women in panchayats. This provision is part of the 73rd Amendment to the Constitution, which introduced the Panchayati Raj system. The Supreme Court's recent decision on Section 12(2)(c) of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961, pertains to the reservation percentages and the application of the triple test of reservation.

Common Mistakes:
  • Confusing the article numbers related to panchayat reservations.
  • Misunderstanding the specific roles of different constitutional articles in the context of local governance.
  • Not recognizing the significance of the 73rd Amendment in the context of panchayat reservations.
Explanation:

The question pertains to the constitutional provisions that mandate the reservation of seats in panchayats, which are the local self-governance bodies in India. The 73rd Amendment to the Indian Constitution, enacted in 1992, introduced the Panchayati Raj system and made significant changes to the structure and functioning of panchayats. One of the key provisions of this amendment is Article 243D, which mandates the reservation of seats for Scheduled Castes (SCs), Scheduled Tribes (STs), and women in panchayats.

Article 243D states that not less than one-third of the total number of seats to be filled by direct election in every panchayat shall be reserved for women, and the number of seats reserved for SCs and STs shall be in proportion to their population in the area. This provision ensures that marginalized communities and women have a fair representation in the decision-making process at the local level.

The recent Supreme Court decision on Section 12(2)(c) of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961, which provides for a 27% reservation, is significant because it pertains to the application of the "triple test of reservation." The triple test, as established by the Supreme Court, includes the following criteria:

1. The backwardness of the class.

2. The inadequacy of representation.

3. The need for reservation.

The Supreme Court's decision to read down Section 12(2)(c) implies that the reservation percentage of 27% may not be justified under the triple test, and it may need to be reassessed based on the current demographic and social conditions.

Understanding the constitutional provisions related to panchayat reservations is crucial for students preparing for competitive examinations such as the UPSC Civil Services and State PSC Exams, as well as those interested in local governance and the functioning of the Panchayati Raj system. The correct answer, Article 243D, is the constitutional provision that mandates the reservation of seats in panchayats, ensuring representation and participation of marginalized communities and women in local governance.

Option Analysis:
  • Option A: This option is incorrect. Article 252C does not exist in the Indian Constitution. The confusion might arise from the similar numbering of constitutional articles, but Article 252C is not related to panchayat reservations.
  • Option B: This option is incorrect. Article 340 is related to the appointment of a commission to investigate the conditions of socially and educationally backward classes, but it does not pertain to the reservation of seats in panchayats.
  • Option C: This option is correct. Article 243D of the Indian Constitution mandates the reservation of seats for SCs, STs, and women in panchayats. This provision is crucial for ensuring representation and participation of marginalized communities in local governance.
  • Option D: This option is incorrect. Article 235B does not exist in the Indian Constitution. The confusion might arise from the similar numbering of constitutional articles, but Article 235B is not related to panchayat reservations.

Mnemonic: Remember "243D" as the "D" for "Democracy" and "D" for "Decentralization" in the context of panchayat reservations.

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