Jharkhand High Court says election soul of democracy, upholds state’s reservation framework for urban local body polls

The Jharkhand High Court said that the states are expected to act in accordance with the spirit of the Constitution for establishing a strong and viable system of local self-government. (Image enhanced using AI)

Findings

• Examination of the 74th Constitutional Amendment Act shows that it authorises the state legislatures to enact laws to endow local bodies with powers and authority as necessary.
• Part IX-A of the Constitution was introduced to restore urban local bodies as “vibrant democratic units of self-government” and to ensure regular elections.
• The 74th Constitutional Amendment Act (1992) granted constitutional status to India’s urban local bodies.
• Effective June 1, 1993, it added Part IXA to the Constitution, mandating formal creation of municipalities, regular elections and fixed tenures, transfer of powers for urban planning, water supply, and sanitation.
• The mandate of the Constitution is to prevail upon all the statutory commands.
• The Constitution is above all the statute and is to remain consistent with the constitutional mandate.
• Further, if any provision has been made under the Constitution, then the same binds everybody including the court of law.
• Only concerned with the election of the post of mayor and as such we are taking into consideration the provision as contained under Article 243(T).
• According to Article 243T(4), the state government is fully empowered to make rules for reservation and notify it accordingly for the office of the chairperson.
• Article 243T, specifically clause (4), pertains to the reservation of offices of chairpersons in municipalities (urban local bodies) for scheduled castes (SCs), scheduled tribes (STs), and women.
• This enables them to function as institutions of self-government and make provisions for devolution of powers and responsibilities.
• This also enable the local bodies to prepare plans and implement schemes for economic development and social justice.
• It is further evident that this Act provides a basic framework of decentralisation of powers and authorities to the municipal bodies at different levels.
• However, responsibility for giving it a practical shape rests with the states.
• The states are expected to act in accordance with the spirit of the Constitution for establishing a strong and viable system of local self-government.

Background

The writ petition was filed by one Santanu Kumar Chandra, seeking a direction to reserve the post of mayor of Dhanbad Municipal Corporation for the scheduled caste (SC) category in the forthcoming elections.

The petitioner contended that as per the 2011 census, the corporation has the highest scheduled caste population (1,99,509) among all municipal corporations in Jharkhand and, therefore, under the population-based reservation policy, the mayor’s post ought to have been earmarked for the SC category.

He also challenged the state notification dated October 16, 2025 and the consequential election notifications dated January 8, by which municipal corporations were sub-classified into “Varg-Ka” and “Varg-Kha”, with Ranchi and Dhanbad placed in “Varg-Ka”.

The dispute originated in the backdrop of amendments introduced by the Jharkhand Municipal (Amendment) Act, 2022, which modified Section 27 of the Jharkhand Municipal Act, 2011, removing the earlier rotation-based system for reservation of mayor and chairperson posts and introducing a population-based framework.

The petitioner argued that the creation of sub-categories among municipal corporations was alien to Article 243-Q of the Constitution, which recognises only three categories of urban local bodies- nagar panchayat, municipal council and municipal corporation.

Article 243Q of the Indian Constitution, as discussed in opinion pieces, mandates the constitution of municipalities (nagar panchayats, municipal councils, and municipal corporations) in every state for urban areas.

It includes a controversial proviso allowing industrial townships to bypass elected municipal bodies if industrial establishments provide services.

It was further argued that keeping Dhanbad unreserved, despite its high SC population, violated Articles 14, 15(4), 16(4) and 243-T of the Constitution.

State and election commission’s stand

Opposing the petition, the state and the state election commission submitted that the reservation matrix was finalised after complying with the “triple test” mandated by the Supreme Court and on the basis of recommendations of the dedicated commission for backward classes.

It was argued that Ranchi and Dhanbad were treated as a separate class due to their million-plus population, a classification made to ensure that overall reservation does not breach the 50% ceiling and that adequate representation is available across all categories.

The authorities also highlighted that municipal elections in Jharkhand had not been held since 2012, making judicial restraint imperative at the stage of election preparation.

Decision

Accordingly, the petition was dismissed with the court declining to issue any direction altering the reservation framework for the forthcoming urban local bodies elections.

All pending interlocutory applications were disposed of with, clearing the way for the state election commission to proceed with the electoral process.