PANAJI
The Bombay High Court at Goa on Tuesday dismissed a petition filed by former Sanguem MLA Prasad Gaonkar and five others seeking reservation of four constituencies in Goa for members of the Scheduled Tribes community agreeing with the Election Commission that as per the extant provisions of the Constitution of India and the Delimitation Act the next exercise can only be done after 2026.
In his petition Gaonkar and three others from the constituencies of Priol, Quepem and Nuvem told the court that without any seats being reserved for Scheduled Tribes of Goa, the Scheduled Tribe population in the State has been deprived of the benefit of the Constitutional mandate under Article 332 of the Constitution for reservation of Legislative Assembly seats.
The petitioners pointed out that in the year 2003 (which was after the census of 2001) three more communities were added to the list of Scheduled tribes in the State thus substantially adding to the numbers of ST population which was yet to reflect in the seats reserved for the upcoming elections.
“The EC by not reserving the seats has violated the provisions, despite representations made on behalf of the Scheduled Tribes in the State of Goa,” the petitioners argued.
In response, the Additional Solicitor General Anil Singh said that there has to be reservation of seats for Scheduled Tribes in the Legislative Assembly of each State under Article 332 of the Constitution, in proportion to the population of the Scheduled Tribes in the State as compared to the total population of the State but that “the number of such seats would have to be determined in terms of the scheme that emerges from proper application of the other provisions of the Constitution read with the provisions of the Delimitation Act.
“The crucial aspect in this regard is as to the reference point concerning population to be taken into consideration while determining the number of seats to be reserved for Scheduled Tribes. The expression “population” means the population as ascertained in the 2001 census until the relevant figures for the first census taken after the year 2026 have been published. Thus, for the purpose of determining the number of seats to be reserved for Scheduled Tribes in the Legislative Assembly of a State, the relevant figures of population of the 2001 census are to be the basis,” the Court bench of Justices Sadhana Jadhav and Manish Pitale observed.
“Thus, it becomes clear that under the scheme envisaged as per the aforesaid provisions of the Constitution and the provisions of the Delimitation Act, the delimitation of constituencies, readjustment of seats and reservation of seats for Scheduled Tribes in Legislative Assemblies was to be undertaken as per figures of the 2001 census. This exercise was indeed carried out by the Delimitation Commission and the Delimitation of Parliamentary and Assembly Constituencies Order was published in the Gazette of India in the year 2008,” the High Court ruled.
The petitioners however contended that the material on record shows that by the issuance of the Schedule Castes and Scheduled Tribes Order Amendment Act, 2002, three new communities were added to the list of Scheduled Tribes for the State of Goa clearly resulting in an increase in the population of the Scheduled Tribes in the State of Goa, even if the numbers of 2001 census were to be considered.
“As a consequence of addition of the three new communities as Scheduled Tribes in the State of Goa, the population of the Scheduled Tribes in the State of Goa had gone up to about 12% of the entire population. On this basis, it was submitted that a direction was warranted against the Respondents herein for considering the case for reservation of seats for Scheduled Tribes in the Legislative Assembly of the State of Goa,” the petitioners claimed.
However, this too was rejected by the Court.
“This Court finds that cogent material is not placed on record to support the claim that in pursuance of addition of three new communities in the list of Scheduled Tribes for the State of Goa, the population of Scheduled Tribes had increased to 12% of the total population of the State. Even if the Respondents were called upon to verify the said claim of the Petitioners, the only forum available under the aforementioned scheme as per the provisions of the Constitution and the Delimitation Act, for raising such an issue, was the Delimitation Commission constituted under the provisions of the Delimitation Act.
“It is also clear that the next exercise of delimitation is to be undertaken after the first census to be conducted after the year 2026. Thus, the contention of the Petitioners that the question of reservation of seats for Scheduled Tribes in the Legislative Assembly for the State of Goa ought to be considered by including the three new communities added in the list of Schedule Tribes, cannot be accepted,” the High Court said.
“The delimitation of constituencies and reservation of seats for Scheduled Tribes, cannot be changed till the next delimitation exercise is undertaken, which in normal circumstances is due to be taken up after the first census after the year 2026,” the High Court said.
