ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

A+| A| A-

Fallacies of Triple Test Doctrine and Backward Classes Reservation in Local Self-government

The Supreme Court’s recent judgments on reservation for the backward classes in the urban local body elections are reviewed. A separation between social and political backwardness dehistoricises the notion of backwardness. Political backwardness should be understood as inadequate political representation in the context of social, educational and economic backwardness.

Uttar Pradesh (UP) is third among the Indian states after Maharashtra and Madhya Pradesh, allowed by the Supreme Court, to reserve seats for backward classes in urban local body (ULB) elections under the triple condition regime. However, the questions raised by the apex courts judgments might continue to puzzle social scientists since the underlying premise, relating to the relationship between social backwardness and political backwardness, went unchallenged. This article argues that while the apex court has filled a gap in the law by laying down the identification process of backward classes for reservation in local self-government, the premise underlying the three conditions was erroneous. Moreover, it overlooked the interconnectedness between different facets of backwardness and political dynamics.

Genesis of the Triple Test

Dear Reader,

To continue reading, become a subscriber.

Explore our attractive subscription offers.

Click here

Or

To gain instant access to this article (download).


Pay
INR 59

(Readers in India)


Pay
$ 6

(Readers outside India)

Published On : 20th Jan, 2024

Support Us

Your Support will ensure EPW’s financial viability and sustainability.

The EPW produces independent and public-spirited scholarship and analyses of contemporary affairs every week. EPW is one of the few publications that keep alive the spirit of intellectual inquiry in the Indian media.

Often described as a publication with a “social conscience,” EPW has never shied away from taking strong editorial positions. Our publication is free from political pressure, or commercial interests. Our editorial independence is our pride.

We rely on your support to continue the endeavour of highlighting the challenges faced by the disadvantaged, writings from the margins, and scholarship on the most pertinent issues that concern contemporary Indian society.

Every contribution is valuable for our future.