INSUBCONTINENT EXCLUSIVE:
Commission to examine the need to increase seats reserved for Scheduled Castes and Scheduled Tribes in Lok Sabha and state assemblies in
above circumstance makes it abundantly necessary for the Union government to take recourses under the Delimitation Act, 2002, for the
purpose of ensuring that provisions of Articles 330 and 332 are duly implemented
the court that nearly 51 communities were added after 2001 to the list of STs till the last census took place in 2011, the bench said many
communities who have since been added to the SC and ST list could not be in a position to obtain the benefit in terms of political
must engage the serious attention of the Union government
The manner in which this exercise should be completed would be determined within the purview of the Delimitation Act, 2002, but would
would decide in respect of conducting elections to Parliament or assemblies
The need to hold elections on time is an overarching constitutional mandate and would, therefnullnullore, not be affected by the direction
the ST list in Sikkim, which already has 38% reservation of seats for STs in the 32-member assembly, changed course over the hearing to lead
to an examination of the need to reserve more seats in view of their increased numbers
It led to a three-day-long dictation of judgment in open court by CJI D Y Chandrachud.The bench of CJI Chandrachud and Justices J B
Pardiwala and Manoj Misra dropped the earlier resolve to give Limboos and Tamangs proportionate representation in Sikkim assembly given the
explained relevant constitutional provisions to urge the bench to hold its hand.But the bench ended up by asking the Union government to set
up a Delimitation Commission under the Delimitation Act, 2002, to examine proportionate representation to SCs and STs in terms of reserving
seats for them in state assemblies because of addition of new communities to the lists.
