Hold local body polls every five years: SC:

GS Paper 2:

Topics Covered: Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure, devolution of powers and finances up to local levels and challenges therein.

Hold local body polls every five years: SC:

Context:

The Supreme Court has declared that polls in each state must be conducted before expiry of the five years’ term as per the constitutional mandate.

What was the case?

The Court ordered initiation of poll process of over 23,000 local bodies in Madhya Pradesh which has been due since 2019. Madhya Pradesh Government had been citing OBC reservation issue for the delay.

• The state government had contended that OBCs constitute around 50% of the population of the state and not granting them reservation in local bodies would be injustice to them.

Triple test conditions for providing reservations:

Referring to the Constitution Bench decision in ‘K Krishna Murthy (Dr) and Ors v Union of India & Anr’ (2010), the court said triple test conditions have to be fulfilled before providing reservations for the OBCs.

They are:

1. To set up a dedicated commission to collect empirical data on backwardness.
2. Specify the proportion of reservation required in local body and wise in light of recommendations of the Commission.
3. Such reservation not to exceed aggregate of 50 % of the total seats reserved in favour of SCs/STs/OBCs taken together.

A three-judge bench in Vikas Kishanrao Gawali Vs. The State of Maharashtra and Others in March 2021, upheld that the triple test is a necessary precondition for reservation to OBCs in local bodies.

Constitutional Provisions in this regard:

73rd & 74th Constitutional Amendment Acts:

The Panchayats and Urban Local Bodies, respectively, are provided with a five-year term of office at every level.

• Fresh elections have to be completed before the expiry of its duration of 5 years.

It can be dissolved before the completion of its term.

• In case of dissolution, elections have to be conducted before the expiry of a period of six months from the date of its dissolution.
• However, if the remainder of the period for which the dissolved Panchayat would have continued is less than six months, it shall not be necessary to hold any election under this clause for constituting the Panchayat for such period.

A Panchayat constituted upon the dissolution of a Panchayat before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Panchayat would have continued.

Did you know that there are certain compulsory and voluntary provisions under the 73rd Constitutional Amendment Act? What are they? Reference: read this.

Insta Curious:

Have you heard about the Municipal Performance Index? Read about it here.

InstaLinks:

Prelims Link:

1. About State Election Commissions.
2. Local polls.
3. Constitutional Provisions related to Local Elections.
4. Supreme Court verdict.

Mains Link:

What is Triple test conditions for providing reservations? Discuss.

Q.1) Consider the following statements:

1. The Panchayats and Urban Local Bodies, respectively, are provided with a five-year term of office at every level.
2. Fresh elections have to be completed before the expiry of its duration of 5 years.

Which of the above statements is/are correct?

1. 1 only.
2. 2 only.
3. Both.
4. None of the above. 

Sources: the Hindu.