DMK MP Wilson – in raja saba speech#NEED TO RESOLVE CONSTITUTIONAL CRISES AND ENFORCE OBC RESERVATIONS IN LOCAL BODY ELECTIONS ACROSS INDIA Hon’ble Chairman sir.
NEED TO RESOLVE CONSTITUTIONAL CRISES AND ENFORCE OBC RESERVATIONS IN LOCAL BODY ELECTIONS ACROSS INDIA
Thank you Hon’ble Chairman sir.
I rise to draw the attention of the Union Government through this August House to the constitutional deadlock prevailing in the enforcement of OBC reservations in local body elections in States across India.
Sir, constitutional reservations to OBC’s in local body elections were brought in the year 1992. Even after 28 years we are yet to implement the OBC reservations fully.
In March 2011, pursuant to the 15th Lok Sabha passing a resolution to undertake Socio Economic Caste Census which includes census of all castes other than SC/ST, the Union Cabinet spent a sum of Rs. 4893.60 crores to conduct the caste census with the assistance of the States /Union Territories. This SECC raw caste data was collected by the Union Government in 2015 and the Cabinet Committee Chaired by the Hon’ble Prime Minister decided to screen the raw caste data through an expert Committee under the NITI AYOG to find out any infirmities. Yet, till today, the said committee is not allowed to function.
Sir, the Hon’ble Supreme Court has held that OBC reservations in local body elections can be given only when empirical data is available and only when a dedicated Commission approves it. This situation has resulted in a constitutional dead lock. The Union Government through a press release dated 20.12.2021 said it will file a review petition to allow political reservation of OBC’s in the local bodies for time being, but it has not done so till today.
On the one hand the Constitution provides for OBC reservations but on the other hand, the Union Government doesn’t have the political will to release the Caste Census data and thus empirical data cannot be obtained by the States. Without such empirical data, the Courts are striking down State reservation policies.
Is it the intention of the Union Government that the States should be deprived of the caste census data so that the Courts strike down their reservation policies?
Sir, States cannot conduct their own census because census is a Union subject in Schedule VII of the Constitution.
Hence, I earnestly appeal to the Hon’ble Prime Minister through this August House to intervene and break the constitutional deadlock by either releasing the caste census data of SECC 2011 to all the States or bringing an amendment to Art 243(D)(6) and Art 243(T) (6) of Constitution that mandates reservations for OBCs in local body elections based upon the empirical data collected by States under Article 342 A(3) and uphold social justice at the local body level.
Thank you Sir,
