Part of: Maharashtra Gk set 38

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

Hint: Consider the provisions under Part IX of the Constitution of India.

Correct Answer: C) 243D

Exam Relevance: UPSC, State PSC, Civil Services Exams

Difficulty: Moderate

Explanations:

The question pertains to the constitutional provisions related to the reservation of seats in panchayats. The Constitution of India, in its Part IX, specifically addresses the governance of rural areas through panchayats. Article 243D is a crucial part of this section, as it mandates the reservation of seats for certain categories in panchayat elections.

Article 243D of the Constitution of India states that not less than one-half of the total number of seats to be filled by direct election in every panchayat shall be reserved for women. Additionally, the article provides for the reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) in proportion to their population in the area. This reservation is aimed at ensuring that marginalized communities and women have a fair representation in the local governance structure.

The Supreme Court's recent decision to read down Section 12(2)(c) of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961, which provides for a 27 per cent reservation, is based on the triple test of reservation. This test, established by the Supreme Court, ensures that reservations do not exceed 50 per cent of the total seats and that they are based on the principles of equality and non-discrimination.

It is important to note that the reservation percentages and the specific provisions related to panchayats are detailed in Part IX of the Constitution. This part was added through the 73rd Amendment to the Constitution in 1992, which aimed to strengthen the democratic process at the grassroots level by providing a constitutional status to panchayats.

Understanding the constitutional provisions related to panchayats is crucial for students preparing for competitive exams such as the UPSC and State PSC, as these topics are frequently tested. The correct answer to the question is Article 243D, which provides for the reservation of seats in panchayats for SCs, STs, and women.

Option Analysis:
  • Option A: This option is incorrect. Article 252C does not exist in the Constitution of India. The correct article for reservation in panchayats is Article 243D.
  • 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, not to the reservation of seats in panchayats.
  • Option C: This option is correct. Article 243D of the Constitution of India provides for the reservation of seats in panchayats for SCs, STs, and women. This article is part of Part IX of the Constitution, which deals with the Panchayats.
  • Option D: This option is incorrect. Article 235B does not exist in the Constitution of India. The correct article for reservation in panchayats is Article 243D.

Mnemonic: Remember "243D" for panchayat reservations.

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