Haryana Act Introduces Backward Classes B Reservation in Municipal Corporations

The Haryana Municipal Corporation (Amendment) Act, 2024, a legislative instrument enacted by the State of Haryana, received the assent of the Governor on December 3, 2024, and was subsequently published for general information on December 6, 2024. This Act, designated as Haryana Act No. 16 of 2024, serves to further amend the Haryana Municipal Corporation Act, 1994, and is deemed to have come into force retrospectively from August 16, 2024. The primary objective of this amendment is to introduce and regulate the reservation of seats for Backward Classes B within the state's Municipal Corporations, addressing a significant aspect of representation in local self-governance.

Under the amended provisions, specific changes have been made to the principal Act. Section 6(5) was substituted to mandate that wards reserved for members of Scheduled Castes, Backward Classes A, and Backward Classes B shall, as far as practicable, be located in areas where their respective populations constitute the largest proportion of the total population of the Corporation. A new sub-section (4A) was inserted into Section 11, which outlines the mechanism for reserving seats for Backward Classes B. This provision stipulates that the number of seats reserved for Backward Classes B shall bear, as nearly as possible, the same proportion to the total seats as one-half of their population proportion to the total Corporation population, with rounding rules applied. These seats are to be allotted by a draw of lots from a pool of three times the number of proposed seats, after excluding those already reserved for Scheduled Castes and Backward Classes A, and are to be drawn from areas with the largest percentage population of Backward Classes B, also subject to rotation in subsequent elections. A crucial safeguard ensures that if the Backward Classes B population is two percent or more of the total, the Corporation must have at least one member from this category. Furthermore, the Act mandates that the total number of reserved seats for Scheduled Castes, Backward Classes A, and Backward Classes B combined shall not exceed fifty percent of the total seats in the Corporation, with specific rounding rules for this calculation. Within the seats reserved for Backward Classes B, not less than one-third are to be reserved for women belonging to this category, also through rotation and lots. Additionally, sub-section (5) of Section 11 was substituted to include Backward Classes B in the rotation and lot system for filling the office of Mayor, alongside general category members, Scheduled Castes, Backward Classes A, and women. The Act also repealed The Haryana Municipal Corporation (Amendment) Ordinance, 2024, while validating actions taken under the repealed Ordinance.

The legislative intent behind the Haryana Municipal Corporation (Amendment) Act, 2024, is to ensure equitable representation for Backward Classes B in urban local bodies, thereby strengthening democratic participation at the grassroots level. Prior to this amendment, while reservations existed for Scheduled Castes and other backward classes (Backward Classes A), a specific and detailed framework for Backward Classes B was not explicitly codified in the same manner for Municipal Corporations. The Act addresses this statutory gap by introducing a clear methodology for seat allocation, reflecting a policy rationale to include all identified backward categories in the political process. The legislation provided: “The seats shall be reserved for the Backward Classes B in every Corporation and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats in that Corporation as one-half of the proportion of Backward Classes B population to the total population in that Corporation and rounded off to the next higher integer in case the decimal value is 0.5 or more; and such seats shall be allotted by draw of lots among three times of the number of seats, proposed for reservation of Backward Classes B, after excluding those seats already reserved for Scheduled Castes and Backward Classes A, drawn from those seats which are having the largest percentage population of Backward Classes B and also by rotation in the subsequent elections”. This provision establishes the core mechanism for implementing the new reservation policy. The inclusion of a fifty percent cap on total reservations (for Scheduled Castes, Backward Classes A, and Backward Classes B combined) reflects adherence to constitutional principles and judicial pronouncements regarding the permissible limits of affirmative action. The provision for women's reservation within the Backward Classes B category further promotes gender inclusivity. The Act introduces new obligations for Municipal Corporations to conduct elections and allocate seats in accordance with these revised reservation norms, ensuring a more inclusive and representative local governance structure.

Keywords: Haryana, Municipal Corporation, Amendment Act, Backward Classes B, Reservation, Local Self-Government, Women Reservation, Scheduled Castes, Backward Classes A Geo Tags: India, Haryana District: Not Applicable