Constitution of India · Section Article 243D
Reservation of seats
Article 243D — Reservation of seats
- (a) the Scheduled Castes; and
- (b) the Scheduled Tribes, in every Panchayat and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Panchayat as the population of the Scheduled Castes in that Panchayat area or of the Scheduled Tribes in that Panchayat area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a Panchayat. (2) Not less than one-third of the total number of seats reserved under clause (1) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes. (3) Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Panchayat shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Panchayat. (4) The offices of the Chairpersons in the Panchayats at the village or any other level shall be reserved for the Scheduled Castes, the Scheduled Tribes and women in such manner as the Legislature of a State may, by law, provide: Provided that the number of offices of Chairpersons reserved for the Scheduled Castes and the Scheduled Tribes in the Panchayats at each level in any State shall bear, as nearly as may be, the same proportion to the total number of such offices in the Panchayats at each level as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State bears to the total population of the State: Provided further that not less than one-third of the total number of offices of Chairpersons in the Panchayats at each level shall be reserved for women: Provided also that the number of offices reserved under this clause shall be allotted by rotation to different Panchayats at each level. (5) The reservation of seats under clauses (1) and (2) and the reservation of offices of Chairpersons (other than the reservation for women) under clause (4) shall cease to have effect on the expiration of the period specified in article 334. (6) Nothing in this Part shall prevent the Legislature of a State from making any provision for reservation of seats in any Panchayat or offices of Chairpersons in the Panchayats at any level in favour of backward class of citizens.
Plain English Summary
This article ensures that seats in local village councils (Panchayats) are reserved for Scheduled Castes and Scheduled Tribes based on their population proportion. It also mandates reservations for women within these groups and sets rules for reserving chairperson positions.
Key Points
- SC/ST Seat Reservation: Seats in Panchayats must be allocated to Scheduled Castes (SCs) and Scheduled Tribes (STs) in proportion to their population in that area compared to the total population.
- Women's Reservation: At least one-third of the reserved seats must be for women belonging to SCs or STs.
- Women's Representation: Not less than one-third of all seats in a Panchayat must be reserved for women, and these can be rotated among different areas.
- Chairperson Reservation: Offices of Chairpersons in Panchayats can be reserved for SCs, STs, and women, with specific proportional rules for SC/ST reservations based on state population.
Why It Matters
This article is crucial for ensuring that marginalized communities (SCs and STs) have a voice and representation at the grassroots level through local self-governance bodies like Panchayats.
Landmark Judgements
No major landmark judgements.