'Empirical data based quota in Bihar panchayat polls unlikely'
PATNA, May 15 -- The reservation of seats for OBCs, women, SC/ST through roster in the upcoming panchayat polls in Bihar to be held later this year may not be done based on the empirical study via a survey to test the political backwardness of OBCs as the panchayat raj department has so far no plans to conduct such an exercise to collect data, top state government officials have said.
The absence of an empirical study to test the political backwardness of OBCs in panchayat bodies across the state may contravene Supreme Court guidelines. These guidelines stipulate that reservations in local bodies, including panchayat bodies, should be done only based on empirical study to test the political backwardness of OBCs in local bodies by adhering to the triple test criteria.
The triple-test formula, laid down by the Supreme Court in 2010 and reiterated in March 2021, required states to appoint a commission, collect quantifiable data on the community, and allocate reservations in local bodies so that the total reservation in each seat does not exceed 50%.
Manoj Kumar, panchayati raj department secretary, told HT that there are currently no plans to conduct a survey for an empirical study to test the political backwardness of OBCs. "We have no such plans to conduct a survey for an empirical study to ascertain the political backwardness of OBCs through triple test criteria as of now. The reservation of seats may be done according to the existing formulae through roster," the secretary said.
When asked about the Supreme Court guidelines regarding the need to conduct an empirical study for deciding seat reservations in panchayat bodies, the panchayati raj department secretary maintained that the government already possesses its data. "There are guidelines. But we also have data," he said.
Against this backdrop, indications suggest the SEC is likely to proceed with reserving seats through roster, following norms adopted in 2016 and is unlikely to decide seat reservation based on any empirical study.
Dr. SP Singh, Registrar at Chanakya National Law University, Patna, said the government must follow guidelines issued by the Supreme Court. "If the Supreme Court has issued guidelines, they should be followed. But there is little time left for the panchayat polls in Bihar now. Perhaps the state government may set up a dedicated commission and grant reservations based on an empirical study using triple test criteria for future panchayat polls," Singh said.
Meanwhile, sources in the SEC indicated that the exercise for fresh seat reservation is likely to begin in June after the final publication of Form 1, which contains data collected from all districts regarding the population and boundaries of all panchayat bodies.
Top SEC officials were reluctant to give an official statement about the procedure for seat reservation or whether the exercise would follow the triple test criteria as per SC guidelines. "There is still little clarity on when the seat reservation exercise will take place. But it should be done by July as the election process is tentatively set to start in September," said an anonymous official from the state poll panel.
In Bihar, the total number of posts in three-tier Panchayati Raj Institutions (PRIs) is 245,000. Of these, 41,206 seats are reserved for SC category people, 2,705 for ST category, 40,310 for OBCs and 110,964 for women from all categories. In the state, 50% of seats in panchayats and urban local bodies are reserved for women....
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