What is triple test survey, which UP is to carry out for OBC quota in urban local bodies
Context- After the Allahabad High Court ordered the Uttar Pradesh government to hold urban local body elections without reservation for Other Backward Classes (OBCs) because the ‘triple test’ requirement for the quota had not been fulfilled, the state Wednesday set up a commission for this purpose.
The five-member commission will conduct a survey to ensure that the OBCs are provided reservation on the basis of the triple test, as mandated by the Supreme Court.
What is the triple test?
The triple test requires the government to complete three tasks for finalization of reservation to OBCs in the local bodies. These include:
- To set up a dedicated commission to conduct a rigorous empirical inquiry into the nature and implications of the backwardness in local bodies;
- To specify the proportion of reservation required in local bodies in light of recommendations of the commission, so as not to fall foul of overbreadth;
- To ensure reservation for SCs/STs/OBCs taken together does not exceed an aggregate of 50 per cent of the total seats.
These triple test/conditions were outlined by the Supreme Court in the case of Vikas Kishanrao Gawali vs. State of Maharashtra and others, decided on March 4, 2021.
What procedure was UP following before this?
The Urban Development Department of the UP government had on April 7, 2017 issued orders to conduct a rapid survey for determining the population of OBCs. Based on such a rapid survey in each constituency of a municipality, seats were reserved in proportion to the population of the backward class of citizens in the constituency/ward concerned.
Why triple test instead of rapid survey?
The Lucknow Bench of the Allahabad High Court on Tuesday said that any inquiry or study into the nature and implications of the backwardness with respect to local bodies involves ascertainment of representation in such bodies. The court said such an exercise cannot be confined to counting heads alone, as is being done through the rapid survey.
The High Court quoted the Supreme Court’s observation in the K Krishna Murthy case, which pointed out that the nature of disadvantages which restrict access to education and employment cannot be readily equated with disadvantages in the realm of political representation. In other words, The observation made by the Hon’ble Supreme Court in this regard is that backwardness in the social and economic sense (Article 15(4) and 16(4)) does not necessarily imply political backwardness (Article 243-D)
(Credits- Times of India)
What are the provisions regarding Reservation of Seats in Local Body Elections?
- The 73rd & 74th Constitutional Amendment Act of 1992 provides for the reservation of seats for scheduled castes and scheduled tribes in every panchayat/municipality (i.e., at all three levels) in the proportion of their population to the total population in the panchayat area/municipal area.
- The act provides for the reservation of not less than one-third of the total number of seats for women (including the number of seats reserved for women belonging to the SCs and STs).
- The act also authorizes the legislature of a state to make any provision for reservation of seats in any panchayat/municipality or offices of chairperson in the panchayat/municipalities at any level in favor of backward classes.
Way Forward- 73rd and 74th Constitutional Amendment Act allows states to make provisions for reservations in favor of backward classes. However, states should fulfill requirements as highlighted by the Supreme Court in Vikas Kishanrao Gawali vs. State of Maharashtra and others.
Source – Indian Express
NEWS- What is triple test survey, which UP is to carry out for OBC quota in urban local bodies
Syllabus- GS-2; Fundamental Rights; Reservation.
