Supreme Court of India K. Krishna Murthy & Ors vs Union Of India & Anr on 11 May, 2010 Equivalent citations: 2010 AIR SCW 3368, 2010 (7) SCC 202, (2010) 4 MAD LJ 393, (2010) 2 ORISSA LR 530, (2010) 3 GUJ LH 207, (2010) 3 RECCIVR 108, (2010) 2 CLR 24 (SC), (2010) 2 KER LT 46, (2010) 4 ANDHLD 70, (2010) 3 ICC 1, (2010) 5 SCALE 448, (2010) 4 ALL WC 3819 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO. 356 OF 1994 DR. K. KRISHNA MURTHY & ORS. ... PETITIONERS VERSUS UNION OF INDIA & ANR. ... RESPONDENTS WITH W.P. (C) NOS. 245 OF 1995 AND 517 OF 2005 JUDGMENT K.G. BALAKRISHNAN, CJI 1. In these writ petitions, we are required to examine the constitutional validity of some aspects of the reservation policy prescribed for the composition of elected local selfgovernment institutions. In particular, the contentions have concentrated on the provisions that enable reservations in favour of 1 backward classes and those which contemplate the reservation of chairperson positions in the elected local selfgovernment institutions. These provisions have been challenged as being violative of principles such as equality and democracy, which are considered to be part of the `basic structure' doctrine. 2. The Constitution (Seventythird) Amendment Act, 1992 [hereinafter `73rd Amendment'] and the Constitution (Seventy fourth) Amendment Act, 1992 [hereinafter `74th Amendment'] had inserted Part IX and Part IXA into the constitutional text thereby contemplating the powers, composition and functions of local selfgovernment institutions, i.e. the Panchayats (for rural areas) and Municipalities (for urban areas). In pursuance of objectives such as democratic decentralization, greater accountability between citizens and the state apparatus as well as the empowerment of weaker sections, these constitutional amendments contemplated a hierarchical structure of elected local bodies. With respect to rural areas, Part IX contemplates three tiers of Panchayats, namely those 2 of `Gram Panchayats' (for each village, or group of small villages), `Panchayat Samitis' (at the block level) and the `Zilla Parishads' (at the District level). For urban areas, Part IXA prescribed the constitution of `Nagar Panchayats' (for areas in transition from a rural area to an urban area), `Municipal Councils' (for smaller urban areas) and `Municipal Corporations' (for a larger urban area). 3. To better appreciate the legislative intent, it would be instructive to refer to the following extract from the Statement of Objects and Reasons for the 73rd Amendment: "1. Though the Panchayati Raj Institutions have been in existence for a long time, it has been observed that these institutions have not been able to acquire the status and dignity of viable and responsive people's bodies due to a number of reasons including absence of regular elections, prolonged supersessions, insufficient representation of weaker sections like Scheduled Castes, Scheduled Tribes and women, inadequate devolution of powers and lack of financial resources. 2. Article 40 of the Constitution which enshrines one of the Directive Principles of State Policy lays down that the State shall take steps to organise village panchayats and 3 endow them with such powers and authority as may be necessary to enable them to function as units of selfgovernment. In the light of the experience in the last forty years and in view of the shortcomings which have been observed, it is considered that there is an imperative need to enshrine in the Constitution certain basic and essential features of Panchayati Raj Institutions to impart certainty, continuity and strength to them. 3. Accordingly, it is proposed to add a new Part relating to Panchayats in the Constitution to provide for, among other things, Gram Sabha in a village or group of villages; constitution of Panchayats at village and other level or levels; direct elections to all seats in Panchayats at the village and intermediate level, if any, and to the Offices of Chairpersons of Panchayats at such levels; reservation of seats for the Scheduled Castes and Scheduled Tribes in proportion to their population for membership of Panchayats and office of Cha