Haryana Amends Panchayati Raj Act to Introduce Backward Classes (B) Reservation

The Haryana Government published The Haryana Panchayati Raj (Amendment) Act, 2024, as Haryana Act No. 18 of 2024, in an Extraordinary Gazette notification on December 12, 2024. This legislative instrument, which received the assent of the Governor of Haryana on November 29, 2024, further amended the Haryana Panchayati Raj Act, 1994. The Act was deemed to have come into force with retrospective effect from August 16, 2024. The primary purpose of this amendment was to introduce specific provisions for the reservation of offices for Backward Classes (B) across various tiers of Panchayati Raj Institutions in the state.

Under the new provisions, Section 9 of the principal Act was amended to include reservations for Backward Classes (B) in Gram Panchayats (village-level local self-government bodies). Offices of 'panch' (ward members) are now reserved for Backward Classes (B) in every Gram Panchayat. The number of wards so reserved is to be proportionate to one-half of the percentage of the Backward Classes (B) population to the total population in that Gram Sabha area, rounded off to the next higher integer if the decimal value is 0.5 or more. These wards are to be allotted by a draw of lots among those not already reserved for Scheduled Castes and Backward Classes (A), and by rotation in subsequent elections. A crucial proviso ensures that every Gram Panchayat will have at least one panch belonging to Backward Classes (B) if their population constitutes two percent or more of the total sabha area population. Furthermore, the Act stipulates that the total number of wards reserved for Backward Classes (A), Backward Classes (B), and Scheduled Castes shall not exceed fifty percent of the total wards in any Gram Panchayat. Similarly, five percent of the total offices of 'Sarpanch' (village head) in a block are now reserved for Backward Classes (B), subject to the same 50% overall reservation cap for all reserved categories.

The amendments extended these reservation principles to other tiers of local self-governance. Section 59 of the principal Act was modified to reserve offices of 'member' for Backward Classes (B) in every Panchayat Samiti (block-level local self-government body), calculated as one-half of the percentage of their population in that block, again subject to the 50% total reservation limit. Likewise, Section 120 was amended to reserve offices of 'member' for Backward Classes (B) in every Zila Parishad (district-level local self-government body), based on one-half of their population percentage in the Zila Parishad area, also adhering to the fifty percent ceiling for total reservations. For the purpose of these reservations, the population data for Backward Classes (B) and the respective administrative areas will be drawn from the Family Information Data Repository, established under the Haryana Parivar Pehchan Act, 2021. The Act also repealed The Haryana Panchayati Raj (Amendment) Ordinance, 2024 (Haryana Ordinance No. 4 of 2024), while saving actions taken under the repealed Ordinance.

The legislative intent behind The Haryana Panchayati Raj (Amendment) Act, 2024, was to ensure enhanced representation for Backward Classes (B) in the democratic functioning of local self-governing bodies across Haryana. This policy rationale aimed to address existing gaps in the statutory framework, which previously did not include specific reservation provisions for this category within the Panchayati Raj system in this manner. The Act sought to provide a more inclusive governance structure by extending political participation to Backward Classes (B) at the village, block, and district levels. The legislation provided: “The offices of panch shall be reserved for the Backward Classes (B) in every Gram Panchayat and the number of wards so reserved shall bear, as nearly as may be, the same proportion to the total number of wards in that Gram Panchayat as one-half of the percentage of population of Backward Classes (B) to the total population in that Gram Sabha area and rounded off to the next higher integer in case the decimal value is 0.5 or more and such wards shall be allotted by draw of lots among the wards other than that reserved for Scheduled Castes and Backward Classes (A) and also by rotation in the subsequent elections.” This core principle of proportionate reservation, coupled with the mechanism of draw of lots and rotation, was designed to ensure fairness and prevent the permanent allocation of specific seats, thereby promoting equitable opportunities over time. The explicit cap of fifty percent on total reservations for Scheduled Castes, Backward Classes (A), and Backward Classes (B) reflects adherence to established constitutional principles regarding affirmative action. The reliance on the Family Information Data Repository for population data underscores a move towards a standardized and verifiable method for identifying eligible populations, ensuring transparency and accuracy in the implementation of these reservation policies.

Keywords: Haryana Panchayati Raj, Amendment Act 2024, Backward Classes B, Gram Panchayat, Sarpanch reservation, Panchayat Samiti, Zila Parishad, local self-governance, Haryana Act 18 of 2024, reservation policy

Geo Tags: Country: India State: Haryana District: Not Applicable