In his Rajya Sabha speech on Tuesday, DMK MP P. Wilson drew the Union Government’s attention to the ‘constitutional deadlock’ regarding the issue of OBC reservation in local body elections across India.
The concept of OBC reservations has not been fully implemented in local body elections even after the lapse of 28 years since the introduction of constitutional reservations in 1992, Wilson who is also a Senior Advocate said.
The Union Government doesn’t have the political will to release the Caste Census data collected in Socio-Economic Caste Census-2011 and thus empirical data cannot be obtained by the States, Wilson said in the House.
According to a Supreme Court judgment, OBC Reservations in local body elections can’t be implemented unless and until there is empirical data and a dedicated Commission gives the nod to it.
Wilson pointed out that data for the Caste-census was collected in March 2011, but the census information needs to be screened by a NITI Aayog expert committee. This committee has not been allowed to function, Wilson alleged.
Wilson noted that by not releasing the Caste-Census data, a ‘constitutional deadlock’ has been detrimental to the interests of Other Backward Classes.
Breaking the constitutional deadlock requires the release of the Caste Census Data of SECC 2011 for all states, DMK MP urged the Union government.
Alternatively, an amendment may be brought to Articles 243(D)(6), 243 (T)(6) of the Constitution that mandates reservations for OBCs in local body elections based upon the empirical data collected by States under Article 342 A(3), he said.
“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,” P. Wilson said.