Cabinet clears quota for BCs in local bodies, direct election of Mayors in Andhra Pradesh
The Andhra Pradesh state Cabinet approved an increase in Backward Classes (BC) reservation in local bodies to 34% in rural local bodies (Panchayati Raj institutions) and 33⅓% in urban local bodies (municipalities), up from the earlier 24.15%
The Cabinet also approved direct election of Mayors and Municipal Chairpersons in urban local bodies, rather than indirect election by elected councillors
The state government has directed officials to complete the local body election process before October, to avoid the lapse of associated central funds
The reservation increase and direct-election framework will require enabling state legislation before implementation
Article 243D and 243T — Reservation in Panchayats and Municipalities
Article 243D (inserted by the 73rd Amendment Act, 1992) mandates reservation of seats for Scheduled Castes, Scheduled Tribes, and women in Panchayats; Article 243T does the same for Municipalities under the 74th Amendment Act, 1992. Neither provision constitutionally mandates reservation for "Backward Classes" (BCs/OBCs) — this is left to individual states to legislate under Article 243D(6) and 243T(6), which permit the state legislature to make "any provision for reservation of seats... in favour of backward class of citizens."
Key Details
- Mandatory constitutional reservations: SC/ST (proportionate to population) and women (at least one-third of total seats, including SC/ST-reserved seats)
- BC/OBC reservation in local bodies is enabled, not mandated, by Articles 243D(6)/243T(6) — states must separately legislate it
- The 74th Amendment additionally provides for reservation of the office of Chairperson for SCs, STs, and women (Article 243T(4))
Andhra Pradesh's enhanced 34%/33⅓% BC quota is being introduced under this enabling constitutional provision, requiring a state law rather than a constitutional amendment.
The "Triple Test" for OBC Reservation in Local Bodies
The Supreme Court, first in K. Krishnamurthy (Dr.) v. Union of India (2010) and later refined in Vikas Kishanrao Gawali v. State of Maharashtra (2021), laid down a three-part ("triple") test that states must satisfy before extending OBC reservation in local body elections.
Key Details
- First: constitute a dedicated commission for a rigorous empirical inquiry into the nature and implications of backwardness at the local body level
- Second: specify the proportion of reservation required, based on the commission's recommendations, calibrated to local conditions in each local body — not a state-wide blanket figure
- Third: ensure that reservation for SC, ST, and OBC combined does not exceed an aggregate of 50% of total seats in any local body
- States that failed this test (e.g., Madhya Pradesh, Maharashtra in earlier rounds) had their OBC reservation notifications for local body polls struck down by courts, with elections held on general/unreserved seats for those quota positions
Andhra Pradesh's Cabinet decision to raise BC reservation to 34%/33⅓% will need to survive judicial scrutiny against this triple test — particularly the aggregate 50% cap when combined with existing SC/ST reservation — before it can be implemented for the upcoming local body elections.
Article 243R — Composition of Municipalities and Election of Chairpersons
Article 243R (74th Amendment Act, 1992) provides that all seats in a Municipality are filled by direct election from territorial constituencies (wards). It does not itself prescribe how the Chairperson (Mayor) is elected — that is left to state legislation.
Key Details
- Two models exist across Indian states: indirect election, where elected councillors choose the Mayor/Chairperson from among themselves, and direct election, where voters elect the Mayor/Chairperson directly alongside the ward councillors
- The choice of model is a state legislative decision, made under the enabling framework of Article 243R read with the state's Municipal Corporation/Municipalities Act
- Direct election of the Mayor is intended to give the position a distinct popular mandate and a fixed term, insulating it from the shifting numbers of a councillor-elected indirect system
Andhra Pradesh's proposed shift to direct election of Mayors and Municipal Chairpersons is a state-level policy choice permissible under Article 243R, similar to models already used in some other Indian states, and will require amendment of the state's municipal law.
- Revised BC reservation: 34% in rural local bodies (Panchayats), 33⅓% in urban local bodies (municipalities)
- Existing BC reservation prior to this decision: 24.15%
- Constitutional basis for local body reservation: Article 243D (Panchayats), Article 243T (Municipalities), inserted by the 73rd and 74th Amendment Acts, 1992
- Triple test cases: K. Krishnamurthy v. Union of India (2010); Vikas Kishanrao Gawali v. State of Maharashtra (2021)
- Aggregate cap on SC+ST+OBC reservation in local bodies: 50% of total seats
- Target timeline for completing local body elections: before October (to avoid lapse of associated central funds)