Haryana Amends Municipal Act to Introduce Backward Classes B Reservation and Streamline Presidential Elections

The Haryana Municipal (Amendment) Act, 2024, designated as Haryana Act No. 15 of 2024, has been enacted to further modify the Haryana Municipal Act, 1973. This significant legislative instrument received the assent of the Governor of Haryana on December 3, 2024, and was subsequently published for general information on December 6, 2024. The Act is deemed to have come into force retrospectively from August 16, 2024. Its primary purpose is to introduce reservations for Backward Classes B in Municipal Councils and Committees and to revise the procedure for filling the offices of Presidents in municipalities.

The newly inserted sub-section (4A) into section 10 of the principal Act mandates the reservation of seats for Backward Classes B in every Municipal Council and Committee. The number of seats reserved is to be proportionate to one-half of the Backward Classes B population relative to the total population within that municipal body, rounded up to the next higher integer if the decimal value is 0.5 or more. These seats will be allotted through a draw of lots from a pool of three times the number of seats proposed for reservation, after excluding seats already reserved for Scheduled Castes and Backward Classes A. The selection for these lots will prioritize seats in areas with the largest percentage of Backward Classes B population, with rotation in subsequent elections. A crucial provision ensures that a Municipal Council or Committee will have at least one member from Backward Classes B if their population constitutes two per centum or more of the total population. However, the total number of reserved seats for Scheduled Castes, Backward Classes A, and Backward Classes B combined cannot exceed fifty per centum of the total seats in the Municipal Council or Committee. If this cap is breached, the reservation for Backward Classes B will be restricted to maintain the fifty per centum limit. For the purpose of determining the population of Backward Classes B for these reservations, data will be drawn from the Family Information Data Repository established under the Haryana Parivar Pehchan Act, 2021, on a date to be notified by the Government. Furthermore, the Act stipulates that not less than one-third of the total seats reserved for Backward Classes B shall be reserved for women belonging to that category, to be allotted by rotation and lots among the reserved wards. Concurrently, sub-section (5) of section 10 has been substituted, providing that the offices of Presidents in municipalities shall be filled from among members belonging to the general category, Scheduled Castes, Backward Classes A, Backward Classes B, and women, through rotation and lots in a prescribed manner. The Haryana Municipal (Amendment) Ordinance, 2024, which previously addressed these changes, has been repealed, with all actions taken under the Ordinance deemed valid under this new Act.

The legislative intent behind the Haryana Municipal (Amendment) Act, 2024, is to enhance the representation of Backward Classes B in local self-governance institutions, thereby addressing historical disparities and ensuring more inclusive democratic participation. The earlier legal framework lacked specific provisions for reservation for Backward Classes B in municipal bodies, creating a statutory gap that this amendment seeks to fill. The legislation provided: “The seats shall be reserved for the Backward Classes B in every Municipal Council/Committee 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 Municipal Council/Committee as one-half of the proportion of Backward Classes B population to the total population in that Municipal Council/Committee and rounded off to the next higher integer in case the decimal value is 0.5 or more;” This core principle underscores the policy rationale of equitable representation. The Act also aims to promote gender equality within the Backward Classes B by mandating a minimum one-third reservation for women from this category. By capping the total reservation at fifty per centum, the Act seeks to balance the principle of affirmative action with the broader principle of open competition, ensuring that the overall composition of municipal bodies remains diverse while adhering to constitutional guidelines regarding reservation limits. The amendment to the process of electing Presidents further standardizes and formalizes the rotational allocation of these key leadership positions across various social categories, including women, ensuring a structured approach to leadership succession in local bodies. The reliance on the Family Information Data Repository for population data signifies a move towards a more robust and verifiable mechanism for implementing reservation policies.

Keywords: Haryana Municipal Act, Municipal Council, Municipal Committee, Backward Classes B, reservation, local governance, women reservation, Haryana Parivar Pehchan Act, 2024 amendment

Geo Tags: India, Haryana District: Not Applicable