सं Samvidhan

The Constitution of India

Article 243D

Reservation of seats

Why this exists

Panchayats are village-level democratic bodies, but historically SCs, STs, and women had little real power in rural governance due to entrenched social hierarchies. The 73rd Constitutional Amendment (1992) added Part IX and Article 243D to guarantee these groups a share of seats and leadership positions, ensuring grassroots democracy is not captured only by dominant castes or men. The rotation requirement prevents the same reserved constituencies from being permanently 'owned' by reserved candidates, spreading opportunity across the whole Panchayat area over successive elections.

How courts read it

Courts have generally upheld this reservation scheme as a valid affirmative-action structure distinct from Article 16 job reservations, since it concerns political representation. In cases like K. Krishna Murthy v. Union of India (2010), the Supreme Court examined reservation of Chairperson posts under Article 243D and held that while such political reservations for SCs/STs are constitutionally permissible without needing the 'creamy layer' or backwardness tests used for OBC job reservations, any reservation for backward classes under clause (6) must still be backed by empirical data on inadequate representation, similar in spirit to Article 243T for municipalities. Courts have also examined rotation policies to ensure they are not arbitrary and follow a consistent, non-discriminatory formula across election cycles.

Common misconceptions
  • Myth: Reserved seats mean unqualified people are chosen just because of their caste or gender.
    Fact: Reserved seats simply restrict who can contest for that particular seat in that election cycle; candidates still must be elected by voters, and the reservation rotates over time so it doesn't permanently favor one group or area.
  • Myth: Women's reservation under this Article is separate from the SC/ST reservation.
    Fact: The one-third reservation for women overlaps with SC/ST reservations — at least one-third of SC/ST reserved seats must go to SC/ST women, and these are counted within the overall one-third reservation for women.
  • Myth: SC/ST reservation in Panchayats will stop soon since Article 334 sets a deadline.
    Fact: While clause (5) ties the SC/ST seat and Chairperson reservation to the Article 334 timeline, that Article has been repeatedly amended, and as it stands today the reservation for SCs and STs in Panchayats continues without a fixed expiry (details depend on the current text of Article 334, which should be checked separately).
Article 243D — Reservation of seats · Samvidhan