Article 243-T

Article 243-T of the Constitution of India provides for the reservation of seats in Municipalities to ensure the political participation of Scheduled Castes (SCs), Scheduled Tribes (STs), women, and backward classes. Introduced by the 74th Constitutional Amendment Act, 1992, this provision reflects the constitutional vision of social justice, inclusivity, and equality in local self-governance. It plays a critical role in empowering historically marginalised communities by guaranteeing their representation in urban local bodies.

Background and Constitutional Context

Before the 74th Amendment, representation in urban local bodies was often unequal, with marginalised groups remaining underrepresented. The introduction of Part IX-A (Articles 243-P to 243-ZG) provided a constitutional framework for urban local self-government, similar to the Panchayati Raj system established through the 73rd Amendment for rural areas.
Article 243-T parallels Article 243-D, which deals with reservations in Panchayats, thereby ensuring uniform principles of representation for both rural and urban governance. It enshrines the principle that democracy must be inclusive and that local bodies must reflect the diversity and social composition of the population they serve.

Reservation for Scheduled Castes and Scheduled Tribes

Under Clause (1) of Article 243-T:

• Seats in every Municipality are to be reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs).
• The number of reserved seats must be in proportion to the population of SCs and STs in that municipal area.
• These reserved seats may be rotated among different constituencies (wards) within the Municipality as prescribed by the State Legislature.

This ensures that the political participation of marginalised communities is not symbolic but reflective of their demographic presence. It also enables wider representation by rotating the reserved constituencies over successive election cycles.

Reservation for Women

Clauses (2) and (3) of Article 243-T ensure significant representation for women in urban local governance:

• Clause (2): At least one-third of the total number of seats reserved for SCs and STs in every Municipality must be reserved for women belonging to those communities.
• Clause (3): Additionally, at least one-third of the total number of seats (including the seats reserved for SCs and STs) must be reserved for women in every Municipality.

These provisions have had a transformative impact on women’s participation in politics, ensuring that women are not only voters but also decision-makers in local governance. The reservation for women is also rotational, promoting inclusive participation over time.

Reservation of Offices of Chairpersons

Under Clause (4), the offices of Chairpersons (Mayors, Presidents, or Chairpersons of Municipal Councils and Corporations) in Municipalities may also be reserved for SCs, STs, and women, as determined by the State Legislature.
This clause allows states to decide the extent and manner of such reservation through legislation. The aim is to ensure that leadership roles within local bodies are accessible to members of disadvantaged groups, furthering the cause of representative democracy.

Duration of Reservation

Clause (5) of Article 243-T provides that:

• The reservation of seats for SCs, STs, and the offices of Chairpersons (other than for women) shall cease to have effect after the period specified in Article 334 of the Constitution.
• Article 334 originally provided for a period of ten years from the commencement of the Constitution for such reservations, but this period has been extended multiple times by constitutional amendments, reflecting the continued need for affirmative action.

The continuation of these provisions underscores India’s commitment to achieving substantive equality in governance.

Reservation for Backward Classes

Clause (6) empowers State Legislatures to make laws providing for the reservation of seats or offices of Chairpersons in Municipalities for backward classes of citizens.
Unlike the mandatory reservation for SCs, STs, and women, this clause gives states discretionary power to extend similar benefits to Other Backward Classes (OBCs) based on social and political conditions. This flexibility allows states to design inclusive local governance models that reflect their unique demographic realities.

Implementation and Role of State Election Commissions

The implementation of Article 243-T is carried out through State Election Commissions and State Legislatures. States are responsible for enacting laws that define:

• The manner of reservation and rotation of seats and chairperson offices;
• The criteria for identifying backward classes eligible for reservation; and
• The procedures for electoral delimitation and representation in urban bodies.

These arrangements ensure that constitutional mandates are realised within the context of local administrative frameworks.

Important Judicial Interpretations and Case Laws

The judiciary has played a key role in clarifying the scope and operation of Article 243-T:

• Indira Sawhney v. Union of India (1992): Though primarily addressing reservations in public employment, the judgment upheld the principle of affirmative action for backward classes, influencing policies in local governance.
• K. K. Verma v. State of Maharashtra (2000): Addressed the implementation of reservation provisions in local bodies, affirming the constitutional validity of representation for disadvantaged groups.
• State of Maharashtra v. Manohar B. Kharat (2000): Clarified that reservations in local bodies must adhere to constitutional limits and proportionality, ensuring a balance between inclusivity and equality.

These judgments collectively reaffirm that reservations in local bodies are essential for achieving social justice and equality of opportunity in the democratic process.

Significance of Article 243-T

Article 243-T has far-reaching implications for social equity, political empowerment, and democratic inclusivity. Its significance can be summarised as follows:

• Promotes social justice: Ensures political participation of communities historically excluded from governance.
• Empowers women: Facilitates gender equality by guaranteeing a minimum one-third representation for women in all municipalities.
• Strengthens democracy: Broadens the base of governance by making local bodies more representative of society.
• Encourages leadership diversity: Creates opportunities for SCs, STs, OBCs, and women to hold positions of authority.
• Improves governance outcomes: Inclusive decision-making leads to more equitable and community-oriented urban development.

Challenges in Implementation

Despite its progressive intent, the implementation of Article 243-T faces practical challenges:

• Variation across states: Differences in state laws have led to inconsistencies in the extent and nature of reservations.
• Token representation: In some cases, reserved members lack adequate authority or training to influence policy.
• Political manipulation: Instances of rotation and delimitation being influenced for partisan gains.
• Limited empowerment of women representatives: Patriarchal structures sometimes limit the autonomy of elected women representatives (“proxy representation”).

Addressing these challenges requires institutional support, capacity-building, and continued vigilance to uphold the spirit of equality envisaged in the Constitution.

Related Constitutional Provisions

Article 243-T functions in close coordination with other provisions of the Constitution:

• Article 243-D: Provides for reservation of seats in Panchayats.
• Article 334: Specifies the duration of reservations for SCs and STs in legislatures.
• Articles 15(4) and 16(4): Empower the State to make special provisions for socially and educationally backward classes.

Together, these provisions create a comprehensive constitutional framework for affirmative representation in both rural and urban governance.