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2010 Supreme(SC) 453

K. G. BALAKRISHNAN, R. V. RAVEENDRAN, D. K. JAIN, P. SATHASIVAM, J. M. PANCHAL
K. Krishna Murthy – Appellant
Versus
Union of India – Respondent


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 self-government institutions. In particular, the contentions have concentrated on the provisions that enable reservations in favour of backward classes and those which contemplate the reservation of chairperson positions in the elected local self-government 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 (Seventy-third) Amendment Act, 1992 [hereinafter ‘73rd Amendment’] and the Constitution (Seventy- fourth) Amendment Act, 1992 [hereinafter ‘74th Amendment’] had inserted Part IX and Part IX-A into the constitutional text thereby contemplating the powers, composition and functions of local self-government 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












































































































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