Category: Political Representation and Decentralisation

ISSUE:

Whether a provision which mandates a majority of Panchayat seats in Scheduled Areas to be reserved for members of Scheduled Tribes (STs), along with Chairperson and Vice-Chairperson positions being exclusively for STs constitutionally valid and justifiable?

Whether such reservations can be classified as compensatory discrimination?

RULE:

Legal principles of affirmative action and tribal empowerment: The Court upheld the application of existing legal principles regarding affirmative action and tribal empowerment to justify the reservation of Panchayat seats and leadership positions for Scheduled Tribes in Scheduled Areas.

Special Provisions for Scheduled Areas: The court emphasised that special provisions exist to protect the rights and interests of tribal communities in Scheduled Areas, acknowledging their unique socio-cultural context.

Protection Against Land Alienation: The principle aimed at preventing the alienation of tribal lands was highlighted, ensuring that tribal communities retain control over their resources and land.

Community Autonomy: The court recognised the importance of community-based governance, asserting that local self-governance structures (like Panchayats) must reflect the customs and practices of tribal societies.

ISSUE:

Whether reserving seats in favor of backward classes for the purpose of occupying seats and chairperson positions in panchayats and municipalities constitutionally valid?

RULE:

Actions by the Union of India must adhere to principles of the Constitution, particularly fundamental rights.

Constitutional rights of individuals must be respected and protected by government actions.

Governmental authorities are bound by the provisions of the Constitution and cannot infringe upon fundamental rights arbitrarily.