Case Note & Summary
This case involved a petition transferred from the High Court concerning the reservation of seats for Scheduled Tribes in the Legislative Assembly of Uttaranchal. The petitioners, residents of the Dharchula constituency, challenged the Election Commission's Notification No. 282/UTI/2001-DEL, which increased the reserved seats for Scheduled Tribes from two to three. They argued that according to census data, the Scheduled Tribes constituted only 3% of the population, which justified only two reserved seats based on Article 332(3) of the Constitution. The Election Commission, in its counter affidavit, acknowledged a mistake and subsequently reduced the number of reserved seats back to two, stating that the earlier decision was made considering the development needs of tribal areas. The court noted that the issue had become academic since the Election Commission had rectified its error, but emphasized that future notifications must adhere strictly to constitutional mandates regarding proportionality in reservations. The court decided not to disturb the elections that had already occurred but directed that future vacancies for Scheduled Tribes should be treated as two seats only. The case was disposed of accordingly.
Headnote
A) Constitutional Law - Reservation of Seats - Proportionality of Reservation - Constitution of India, 1950, Article 332(3) - The court held that the reservation of seats for Scheduled Tribes must be in proportion to their population, which was 3% in Uttaranchal, thus justifying only two seats instead of three. The Election Commission's decision to reserve three seats was found to be beyond constitutional provisions and not warranted (Paras 5-6).
Issue of Consideration
Whether the Election Commission's decision to reserve three seats for Scheduled Tribes in Uttaranchal was in violation of Article 332(3) of the Constitution of India.
Final Decision
The Supreme Court disposed of the petition, affirming that the number of reserved seats for Scheduled Tribes should be two, in accordance with Article 332(3) of the Constitution.
Law Points
- Reservation of seats
- Delimitation
- Constitutional mandate
- Article 332(3)
- Election Commission authority
