BHUBANESWAR: The State Cabinet on Friday gave its approval to amend the provisions of the Odisha Municipal Act, 1950, and Odisha Municipal Corporation Act, 2003 for reservation of seats for Backward Class Citizens (BCCs) in the light of the December 17 order of Supreme Court.
The two Acts provide for reservation of seats for election to the extent of 27 per cent in favour of the BCCs. Besides, these Acts provide for reservation of seats for SC and ST categories in proportion to their population in urban local bodies in line with the provisions of the Constitution.
The Supreme Court vide its order on December 17 had struck down the reservation for BCCs in Maharashtra and Madhya Pradesh in the absence of empirical data and asked the states to comply with the triple test criteria. The order had said to first comply with the triple test being a precondition before notifying the reservation of seats for BCCs in the local bodies under their jurisdiction.
The triple test includes setting up a dedicated commission to conduct an empirical inquiry into the nature and implications of the backwardness as regards to local bodies in the state. It should specify the proportion of reservation required to be provisioned local body-wise according to the commission’s recommendations, and ensure that reservation does not exceed 50 per cent of the seats for SCs, STs and OBCs taken together.
In view of the observations of the apex court on the reservation of seats for backward classes in urban body elections, the Cabinet decided to amend the provisions pertaining to the reservation of seats/office of the chairperson/mayor in favour of BCCs in the Odisha Municipal Act, 1950 and Odisha Municipal Corporation Act, 2003, an official release stated.