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CS Professional · CSR and Social Governance · Local Self Governance

A State's municipal law reserves seats in a Municipal Corporation by rotation for Scheduled Castes and Scheduled Tribes in proportion to their population, and also reserves not less than one-third of the total seats for women, including women from SC and ST categories. A citizen challenges the women's reservation as exceeding the constitutional requirement. What is the correct position?

The women's reservation is consistent with the Constitution. Article 243T requires reservation of not less than one-third of the seats filled by direct election for women, and this one-third includes the seats reserved for SC and ST women. It is a minimum, not an exact figure.

  1. AWomen's reservation must be exactly one-third and cannot be more, so the law is invalid
  2. BReservation of not less than one-third seats for women, including SC and ST women seats, is consistent with Article 243TCorrect
  3. CWomen may be reserved only in seats not reserved for SC and ST
  4. DReservation for women applies only to the post of Mayor, not to seats

Explanation

Article 243T provides that not less than one-third of the total seats filled by direct election, including seats reserved for women belonging to SC and ST, are to be reserved for women. The one-third is therefore counted inclusive of SC and ST women seats. The other options misstate this rule.

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