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RESERVATION OF SEATS IN LEGISLATIVE BODIES

CHAPTER-I

INTRODUCTION
India’s affirmative action policy more popularly known as “Reservation Policy” is authored by the
provisions in Indian Constitution which was adopted in the year 1950 though its initiation in country level
dates back to 1930. The two important provisions of the Indian Constitution which needs to be
acknowledged for the purpose of this paper are “Non-Discrimination and Equal Opportunity” and the
provisions enshrined in Constitution empowering the state to take steps to ensure equality of opportunity
by way of reservations.

Though Article 16 of the Indian Constitution provides for equality of opportunity for all citizens in
matters relating to employment in Government services but clause 4 of the same article though not
forming an exception to clause 1 and 2 provides discretionary powers to state to determine the policy
relating to reservations of Backward classes of citizens in state services.1

Likewise Art.330, 331,332,333,334 of the Indian Constitution provides for the reservation of seats in
Legislative bodies. The Constitution empowers state to take steps to provide due representation to SCs
and STs in the nation’s legislative bodies in proportion to their population. A Legislative reservation is
one of the specific and mandatory constitutional provisions dedicated to SCs/STs. Under Art. 332 and 334
of the Constitution seats are reserved for SCs and STs in the central and state legislatures in direct
proportion to their population size. Similarly reservation is provided in local level bodies’ i.e. District,
taluks and village levels Constituencies (for the seat in Parliament and State Legislature) are reserved for
SCs and STs in proportion to their share in population. Thus at India level out of the total no. of
Parliamentary seats 14% and 7% of constituencies are reserved for SCs and STs respectively. Only the
person from SC/ST can contest for elections in these reserved constituencies2.

For Ex. In the year 2004 out of the total of 543 constituencies in parliament 71 constituting 13.8% of the
constituencies were reserved for the SCs and 41(7.55%) of the constituencies were reserved for the STs.

1 Thorat Sukhadeo and Senapati Chittaranjan, Reservation in Employment, Education and Legislature —
Status and Emerging Issues. , http://www.dalitstudies.org.in/download/wp/0705.pdf, as accessed on 13.03.2017 at
10:35 AM. At pg 4
2
Thorat Sukhadeo and Senapati Chittaranjan, Reservation in Employment, Education and Legislature —
Status and Emerging Issues. , http://www.dalitstudies.org.in/download/wp/0705.pdf, as accessed on 13.03.2017 at
10:35 AM. At pg 7

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RESERVATION OF SEATS IN LEGISLATIVE BODIES

The constitutional provisions for the reservation in Legislative bodies for SCs and STs is contemplated in
statutory provisions which enhance political participation from SCs and STs.

In case of political reservations two problems continue to receive attention. Firstly, the government has
been delaying updating of the percentage shares of seats for SCs/STs in the central and state legislatures
as per the recent changes in population figures. The present allocation of seats for SCs and STs is as per
1981 census whereas according to latest population census their representation should be 17% for SCs
and 8.5% for STs. Thus both groups continue to suffer under-representation in state and union
legislatures3.

Another issue relates to of quality of representation of SCs and STs in legislative bodies. Of course it
cannot be denied that the political reservation provides substantial quantitative representation of SCs /STs
in legislative bodies which would otherwise have been nil if not for political reservation. Nonetheless, the
activities of SCs/STs representatives are microscopic and concentrated only to those matters that affect
these groups only. Also, their effectiveness in representing their marginalized group only is most evident
in their dealings on matters directly related to their welfare. However, there have been studies which have
made an observation that there is low participation, low assertiveness, less articulation and less
independence of SC/ST representatives then their colleagues belonging to high castes. To the extent that
problem of qualitative representation exists it may be attributed to the structural constraints imposed by
the arrangement of reserved seats or method of election under reservation4.

Often a legislator elected through reserved seat especially SC responsible to and dependent upon the
constituencies made up overwhelmingly of non members of high caste. To the extent that the legislator is
dependent on high caste vote and is thus obliged to support them. Thus SC/ST legislative candidate
suffers from limitation of not being able to fully represent the interest of SCs/STs who themselves
happened to be in minorities in most of the reserved constituencies 5 . It is precisely because of the
limitation of political reservation that Ambedkar had suggested an alternative arrangement or method of
election of SC, ST Representatives namely separate electorate as against reservation of seats6.

3
Thorat Sukhadeo and Senapati Chittaranjan, Reservation in Employment, Education and Legislature —
Status and Emerging Issues. , http://www.dalitstudies.org.in/download/wp/0705.pdf, as accessed on 13.03.2017 at
10:35 AM. At pg 8
4
http://shodhganga.inflibnet.ac.in/bitstream/10603/37478/12/12_chapter%205.pdf at pg. 166, as accessed on
13.03.2017 at 14:43 PM.
5
Ibid
6
Ibid

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RESERVATION OF SEATS IN LEGISLATIVE BODIES

RESEARCH METHODOLOGY

PROBLEM/ ISSUE:-

Analyzing the reservation of seats for schedule caste, schedule tribe and women
in the legislative body .In the outlook of provision of the Constitution of India to check the
feasibility of given reservation.

RATIONALE:-

The results of this study would check the whether the Reservation on the basis of
caste and gender is feasible or is rather a destructive towards the goals meant to be achieved by
such reservation.

OBJECTIVE:-

1. To study about the Reservation of Seats in the Legislative Bodies.


2. To Elaborate the Provision related to the Reservation of Seats in the Legislative Bodies
for Women.
3. To Elaborate the Provision related to the Reservation of Seats in the Legislative Bodies
for Schedule Caste and Schedule Tribes.
4. To Analyze the Impact of Reservation in Legislative Bodies.
5. To Elucidate the Extention of Resevation in Legislative Bodies

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RESERVATION OF SEATS IN LEGISLATIVE BODIES

REVIEW OF LITERATURE:-

 BONE OMPRAKASH S, MANNEWAR: A TRIBAL COMMUNITY IN INDIA. FIRST EDN,


NOTION PRESS, 2015.

According to the author, as we read “in 2013, Government of India decided to


constitute a High Level Committee (HLC) under the aegis of Ministry of Tribal
Affairs to prepare a position paper on the present socioeconomic, health and
educational status of STs and suggest a way forward.”

 PROF. JAIN, M.P.INDIAN CONSTITUTIONAL LAW, FIFTH EDITION, LEXIS NEXUS


BUTTERWORTH’S WADHWA NAGPUR, 2008

According to author, as we read “While the Constitution does not mandate rotation of
seats after just one election cycle, this often is the practice across the states. It
counters the intent of reservation. Candidates who win elections for the first time
from reserved seats do not get adequate opportunity to gain in experience and grow
in stature by getting re-elected. Often, proxy candidates are put up, who serve a term,
after which the seats gets de-reserved and becomes available to the existing powerful
groups and individuals. Moreover, the rotation after one election cycle often leads to
an unhealthy attitude of the elected, having little hope for re-election.”

 SINGH, MAHENDRA P.,V. N. SHUKLA’S, CONSTITUTION OF INDIA, ELEVENTH EDITION,


EASTERN BOOK COMPANY, LUCKNOW, 2008

According to author, as we read by clause (2) of article 332, “The number of seats
reserved for the Scheduled Castes or the Scheduled Tribes in the Legislative
Assembly of any State under clause (1) shall bear, as nearly as may be, the same
proportion to the total number of seats in the Assembly as the population of the
Scheduled Castes in the State or of the Scheduled Tribes in the State or part of the
State, as the case may be, in respect of which seats are so reserved, bears to the total
population of the State.”

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RESERVATION OF SEATS IN LEGISLATIVE BODIES

NATURE, SOURCES & TYPE OF STUDY:-

The research methodology used for the present research article is traditional Doctrinal
research method. As most of the information can be sought form the available literature. So the
researcher has chosen doctrinal method as method of research for the present article and has used
books, journals, research articles for preparation of the same.

LIMITATION:-

Although the research paper has fulfilled its objectives, there are stated the approaches of
these remedies to the courts by the help of various type of writs. For the sake of convenience and
for detail study, the researcher has limited the present topic to the study of the provisions of the
Constitution providing reservation to the Women, Schedule Caste and the Schedule Tribes in
Legislative bodies.

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RESERVATION OF SEATS IN LEGISLATIVE BODIES

CHAPTER –II

RESERVATION OF SEATS FOR WOMEN IN LEGISLATIVE


BODIES

“Achieving the goal of equal participation of women and men in decision making will
provide a balance that more accurately reflects the composition of society and is needed
in order to strengthen democracy and promote its proper functioning… Without the
active participation of women and the incorporation of women’s perspectives at all levels
of decision-making, the goals of equality, development and peace cannot be achieved.”
- Fourth World Conference on Women, Beijing, 1995: Article 181

In the last decade of the 20th century, the issue of political empowerment of women gained
momentum throughout the world. In 1990 UNESC (United Nation Economic and Social
Council) endorsed a target of 30% reservation of women in decision making positions in the
world by 1995. This target was hardly accomplished till the year 1995, by 1995 there were only
10% of the women representing in Decision making bodies. Today around 16% of the
parliamentarians are women still the target of 30% representation of women in legislative bodies
has not been accomplished. These figures implies that politics is still men’s business as 84% of
the total parliamentarians in the world are men. In India 11% Lok Sabha members are women7.
The constitution of India guarantees equal political rights including right to vote to women.
Almost all the provisions of UN Convention for prevention of discrimination against women are
covered by the constitution of India. Indian Constitution has given a provision for positive
discrimination in favor of women i.e. Art.15 (3) of the Indian Constitution which says “Nothing
in this art. Shall prevent state from making any special provision for the upliftment of women”8.
There are various other provisions in the Indian Constitution which stresses upon equality
between men and women. Art.14 provides for equality before law. Art. 39(a) provides that State
shall direct its policy towards ensuring equality between men and women, Article 39(g) enjoins
state directing its policy towards securing equal pay for equal work for both men and women.
Art.42 provides for just and humane conditions for work and for maternity relief and Art. 51 (A)

7
http://blogs.reuters.com/india-expertzone/2014/06/13/election-2014-imbalanced-participation-of-women/ as accessed on
13-03-2017 at13:10pm.
8
http://blogs.reuters.com/india-expertzone/2014/06/13/election-2014-imbalanced-participation-of-women/ as accessed on
13-03-2017 at13:10pm.

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RESERVATION OF SEATS IN LEGISLATIVE BODIES

e refers to fundamental duty of citizens to renounce from practices derogatory to the dignity of
women9.

2. A - Representation of Women in Parliament and other Legislative bodies

Of the 59 women MPs in the 15th Lok Sabha, 23 are from the Congress and 13 from the main
opposition Bharatiya Janata Party. A record 59 women have been elected Member of Parliament
(MP) in the 15th Lok Sabha (LS)—the highest since Independence, and 17 of them are less than
40 years.
According to PRS Legislative Research, an organisation that aims to strengthen legislative
debate Of the 543 MPs elected, 62 are women. This is the highest number of women MPs
elected to the Lok Sabha in the history of the country, although by a small margin 10. People of
West Bengal have elected maximum number of women parliamentarians. The state has elected
14 women MPs compared to seven in the 2009 parliamentary election. Mamta Banerjee-led
Trinamool Congress fielded maximum number of women candidates as compared to other
political parties this election. Tamil Nadu that elected only one woman MP in the last election
has elected four MPs this time11. Not a single woman has won an MP seat from Jharkhand,
Haryana and Meghalaya. In the current elections there were 636 out of the 8,136 women in the
fray were women. In the 2009 elections there were 556 women contestants out of total of
8,070.Uttar Pradesh has maintained its record. In 2009, 13 women MPs won election; this year
also as many were elected to Parliament12.

9
http://blogs.reuters.com/india-expertzone/2014/06/13/election-2014-imbalanced-participation-of-women/ as accessed on
13-03-2017 at13:10pm.
10
http://www.prsindia.org/media/essential-stats/women-in-the-16th-lok-sabha-3297/ as accessed on 13-03-2017 on 13:25
pm
11
http://www.downtoearth.org.in/news/61-women-make-it-to-lok-sabha-in-2014-against-59-in-2009--44447 as accessed on
13-03-2017 on 13:25 pm
12
http://www.downtoearth.org.in/news/61-women-make-it-to-lok-sabha-in-2014-against-59-in-2009--44447 as accessed on
13-03-2017 on 13:25 pm

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RESERVATION OF SEATS IN LEGISLATIVE BODIES

Table 1: Representation of Women in Lok Sabha 1952-2014


Lok Sabha Total no. of seats No. of Women % of the Total
(Elections Held) Members who won
First (1952) 489 22 4.4
Second (1957) 494 27 5.4
Third (1962) 494 34 6.7
Fourth (1967) 523 31 5.9
Fifth (1971) 521 22 4.2
Sixth (1977) 544 19 3.4
Seventh (1980) 544 28 5.1
Eighth (1984) 544 44 8.1
Ninth (1989) 529 28 5.3
Tenth (1991) 509 36 7.0
Eleventh (1996) 541 40* 7.4
Twelfth (1998) 545 44* 8.0
Thirteenth (1999) 543 48* 8.8
Fourteenth (2004) 543 45* 8.1
Fifteenth (2009) 543 59 10.9
Sixteenth (2014) 543 61 11.2
13

However, an analysis of the success rate of women candidates as compared to men reveals that it
has been higher in the last three general elections. In 2014, the success rate of women was 9
percent as compared to men at 6 percent.
The under-representation of women in the Lok Sabha, and from crucial decision-making
positions such as in the Cabinet, are pointers of their systematic exclusion from the political
structure and the deeply embedded gender basis in Indian society. Though women head a
significant number of national and state-level political parties, the overall representation of
women within the rank and file of these parties is dismal.

13
Election Commission of India. Accessed on http://blogs.reuters.com/india-expertzone/2014/06/13/election-2014-
imbalanced-participation-of-women/

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RESERVATION OF SEATS IN LEGISLATIVE BODIES

Women who have made their presence felt in inner-party circles have also been relegated to the
second rung of leadership and have failed to breach the glass ceiling. They rarely play any role in
formulating policies and strategies in political parties and are at best assigned the job of keeping
an eye on women’s issues and mobilizing them if need be for electoral benefits for their parties.

Table 2: Seats allotted to women by national parties in general elections


National Parties 2004 2009 2014
Contested Won Contested Won Contested Won
All India 355 45 556 59 668 61
Congress 45 12 43 23 57 4
BJP 30 10 44 13 37 28
Others 280 23 469 23 574 29
14

Though women continue to be under-represented in legislative bodies and relegated to the


fringes in party cadres, their participation as voters has taken a quantum leap. The participatory
upsurge witnessed among women as voters in the 1990s reached its peak in the general election
held in 2014. Their participation in the electoral process as voters has steadily increased from
46.6 percent in 1962 to around 65.7 percent this year. The difference in voter turnout among men
and women, as wide as 16.7 percent in 1962, has narrowed to 1.5 percent in 2014.
The reservation of 33 percent seats for women in panchayati raj institutions in the 1990s gave
women a sense of sharing power with men equally. It acted as a catalyst and provided much-
needed momentum, which resulted in the upsurge of women voters. The highest voter turnout
among women in this election could be due to many reasons but the intense voter awareness
campaigns of the Election Commission and door-to-door campaigns by political parties are the
most plausible determinants to explain this phenomenon.
The analysis of the pattern of women’s voting reveals that they have never voted en bloc like
Dalits and Muslims in any election. It also shows that there has never been a concerted effort by
political parties in mobilizing them. A quick scan of the manifestos of major political parties in

14
Election Commission of India. Accessed on http://blogs.reuters.com/india-expertzone/2014/06/13/election-2014-
imbalanced-participation-of-women/

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RESERVATION OF SEATS IN LEGISLATIVE BODIES

the last few general elections shows that gender issues figured prominently. But manifesto
promises on women’s issues are clichéd and are conveniently forgotten afterwards. The failure in
passing the women’s reservation bill in parliament is a clear testimony of the lack of seriousness
and will of political parties in addressing women’s issues.
To conclude, the only silver lining in the dark clouds hovering over women’s participation in
formal politics has been the marked increase in voting turnout among women. The women’s
movement and gender politics in India is currently divided over the question of affirmative
action for women in parliament and state legislatures. It centres around two main issues: first, the
issue of overlapping quotas for women in the general category and for those in backward caste
communities and second, the issue of elitism. Thus, affirmative action for women in legislative
bodies is the need of the hour as it would go a long way in removing obstacles that inhibit their
participation. It would bridge the wide men-women gap in the electoral set-up and pave the way
for gender-inclusive electoral politics.

2. B Women’s Reservation Bill

The Women's Reservation Bill or The Constitution (108th Amendment) Bill, 2008, is a lapsed
bill in the Parliament of India which proposed to amend the Constitution of India to reserve 33%
of all seats in the Lower house of Parliament of India, the Lok Sabha, and in all state legislative
assemblies for women15. The seats were proposed to be reserved in rotation and would have been
determined by draw of lots in such a way that a seat would be reserved only once in three
consecutive general elections.16
The Rajya Sabha passed the bill on 9 March 2010. However, the Lok Sabha never voted on the
bill. The bill lapsed after the dissolution of the 15th Lok Sabha in 2014 17.The women reservation
bill was first introduced by the Deve Gowda government in 1996 and it can be better understood
by looking at a brief overview of what it contains. The main provisions of the Bill, as introduced
in the Rajya Sabha in May 2008, are:

15
https://en.wikipedia.org/wiki/Women%27s_Reservation_Bill, as accessed on 03-04-2017 at 20:25 pm, also see "Rajya
Sabha passes Women's Reservation Bill". The Times of India. 9 March 2010.
16
ibid
17
Supra Note 15, also see "Lok Sabha Speaker Meira Kumar calls for women's empowerment — Times of India".
Articles.timesofindia.indiatimes.com. 9 March 2013, as accessed on 03-04-2017 at 20:38.

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RESERVATION OF SEATS IN LEGISLATIVE BODIES

Provisions of the bill:


(1) The Constitution (108th amendment) Bill, 2008, reserves one-third of Lok Sabha and state
assembly seats for women.
(2) One-third of the total number of seats reserved under clause (2) of article 330 (the existing
quota for Schedule Castes and Scheduled Tribes) to be reserved for women belonging to the
Scheduled Castes or the Scheduled Tribes;
Constitutional Amendments on the Bill:
 In article 239AA of the Constitution in clause (2) in sub-clause (b), for the words
“scheduled castes”, the words “the scheduled castes and the women shall be substituted.
 After article 330 of the Constitution, the following article shall be inserted namely
“330A (1) seats shall be reserved for women in the house of the people.
(2) As nearly as may be, one – thirds of the total number of seats reserved under clause
(2) of article 330 shall be reserved for women belonging to the scheduled caste or
scheduled tribes, as the case may be.
 In article 331 of the Constitution, the following proviso shall be inserted at the end,
namely-“provided that where such nominations are made, in relation to every block
comprising of three general elections to the house, one seat shall be reserved for
nomination of a woman of anglo-indian community to every house constituted after two
general elections and no seat shall be reserved for the women of that community in the
house constituted after the third general elections18.
 In article 333 of the constitution, the following proviso shall be inserted at the end,
namely: “provided that where such nomination is made, in relation to every block
comprising of three general elections to the assembly, the seat in the assembly constituted
after the first general elections shall be reserved for nomination of a women of Anglo-
Indian community and no seat shall be reserved for women of that community in the
assembly constituted after the second and third general elections.
 After article 334 of the constitution, the following article shall be inserted, namely:

18
http://www.legalindia.com/women-reservation-bill-a-step-towards-women-empowerment/ as accessed on 13.03.2017 at
14:47

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RESERVATION OF SEATS IN LEGISLATIVE BODIES

“334A – notwithstanding anything in the foregoing provisions of this part or part VIII,
the provisions of the constitution relating to the reservation of seats for women in the
house of the people, the legislative assembly of a state.19

Women Representation in Lok Sabha: A Comparative Study


The bill seeks to empower women and reduce gender inequality. To eliminate gender
discrimination and promote female empowerment, women’s decision making capacity must be
enhanced within the household, the workplace and the political sphere. For the very purpose of
increasing participation of women in Indian parliament and moving them closer to the decision-
making process the bill is introduced. Reservation of seats is a basic, consistent and logical step
towards both women’s emancipation and inclusive development – particularly for a government
which promised that the “equal access to participation and decision making of women in the
social, political and economic life of the nation” would be at the heart of its agenda. 20 It is
undoubtedly true that the representation of women in Indian Lok Sabha has been critically low.

19
Copy of women reservation bill as presented in the Rajya Sabha on May 8 ,2008 retrieved from
http://www.prsindia.org/uploads/media/Constitution%20Eighth/1211455181_The_Constitution
One_Hundred_and_Eighth_Amendment__Bill__2008.pdf
20
National Policy for the Empowerment of Women, 2001, goals and objectives, http://wcd.nic.in/empwomen.htm,

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RESERVATION OF SEATS IN LEGISLATIVE BODIES

CHAPTER-III

RESERVATION OF SEATS FOR SC/STS IN LEGISLATIVE


BODIES

The Scheduled Castes and Scheduled Tribes (STs) are two groups of historically-disadvantaged
people recognised in the Constitution of India. During the period of British rule in the Indian
subcontinent, they were known as the Depressed Classes.

The Scheduled Castes and Scheduled Tribes comprise about 16.2 percent and 8.2 percent,
respectively, of India's population (or about 24.4 percent altogether, according to the 2001
census). The Constitution (Scheduled Castes) Order, 1950 lists 1,108 castes across 25 states in its
First Schedule, and the Constitution (Scheduled Tribes) Order, 1950 lists 744 tribes across 22
states in its First Schedule.

Since independence, the Scheduled Castes, Scheduled Tribes and Other Backward Classes (the
three categories combined constitute about 60 percent of India's population) were
given reservation in India21. The reservation policy became an integral part of the Constitution
through the efforts of Bhimrao Ambedkar, who participated in the Round Table Conferences and
fought for the rights of the oppressed and depressed classes. The Constitution lays down the
general principles of affirmative action for SCs and STs22.

Since the 1850s these communities were loosely referred to as Depressed Classes,
or Adivasis ("original inhabitants"). The early 20th century saw a flurry of activity in the Raj
assessing the feasibility of responsible self-government for India23. The Morley-Minto Reforms
Report, Montagu–Chelmsford Reforms Report and the Simon Commission were several
initiatives in this context. A highly-contested issue in the proposed reforms was the reservation
of seats for representation of the Depressed Classes in provincial and central legislatures24.

21
http://www.worldlibrary.in/articles/Scheduled_tribe as Accessed on 03-04-2017 at 20:58
22
Ibid
23
Ibid
24
Ibid

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In 1935 the British passed the Government of India Act 1935, designed to give Indian provinces
greater self-rule and set up a national federal structure 25 . The reservation of seats for the
Depressed Classes was incorporated into the act, which came into force in 1937. The Act
introduced the term "Scheduled Castes", defining the group as "such castes, races or tribes or
parts of groups within castes, races or tribes, which appear to His Majesty in Council to
correspond to the classes of persons formerly known as the 'Depressed Classes', as His Majesty
in Council may prefer". This discretionary definition was clarified in The Government of India
(Scheduled Castes) Order, 1936, which contained a list (or Schedule) of castes throughout the
British-administered provinces26.

After independence the Constituent Assembly continued the prevailing definition of Scheduled
Castes and Tribes, giving (via articles 341 and 342) the president of India and governors of the
states a mandate to compile a full listing of castes and tribes (with the power to edit it later, as
required). The complete list of castes and tribes was made via two orders: The Constitution
(Scheduled Castes) Order, 1950and The Constitution (Scheduled Tribes) Order, 1950,
respectively27.

In the original Constitution, Article 338 provided for a special officer (the Commissioner for SCs
and STs) responsible for monitoring the implementation of constitutional and legislative
safeguards for SCs and STs and reporting to the president. Seventeen regional offices of the
Commissioner were established throughout the country28.

There was an initiative to replace the Commissioner with a committee in the 48th Amendment to
the Constitution, changing Article 338. While the amendment was being debated, the Ministry of
Welfare established the first committee for SCs and STs (with the functions of the

25
http://www.worldlibrary.in/articles/Scheduled_tribe. as Accessed on 03-04-2017 at 20:58.
26
Supra Note 25
27
http://eci.nic.in/delim/Constitution/ConstProv332.
28
http://www.nls.ac.in/csseip/Files/Material%20for%20uploading/Dalits.pdf

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Commissioner) in August 1978. These functions were modified in September 1987 to include
advising the government on broad policy issues and the development levels of SCs and STs29.

In 1990, Article 338 was amended for the National Commission for SCs and STs with
the Constitution (Sixty fifth Amendment) Bill, 1990. The first commission under the 65th
Amendment was constituted in March 1992, replacing the Commissioner for Scheduled Castes
and Scheduled Tribes and the commission established by the Ministry of Welfare's Resolution of
198930. In 2003, the Constitution was again amended to divide the National Commission for
Scheduled Castes and Scheduled Tribes into two commissions: the National Commission for
Scheduled Castes and the National Commission for Scheduled Tribes. In 2013, Government of
India decided to constitute a High Level Committee (HLC) under the aegis of Ministry of Tribal
Affairs to prepare a position paper on the present socioeconomic, health and educational status of
STs and suggest a way forward31.

3. A Reservation of Seats for SC/STs in Lok Sabha Article 330 of the Indian Constitution

1. Seats shall be reserved in the House of the People for –


a. the Scheduled Castes;
b. the Scheduled Tribes except the Scheduled Tribes in the autonomous districts of
Assam; and
c. The Scheduled Tribes in the autonomous districts of Assam.
2. The number of seats reserved in any State or Union territory for the Scheduled Castes or
the Scheduled Tribes under clause (1) shall bear, as nearly as may be, the same
proportion to the total number of seats allotted to that State or Union territory in the
House of the People as the population of the Scheduled Castes in the State or Union
territory or of the Scheduled Tribes in the State or Union territory or part of the State or
Union territory, as the case may be, in respect of which seats are so reserved, bears to the
total population of the State or Union territory.

29
Singh Neha & Chauhan Sujata, CONSTITUTIONAL PROVISIONS AVAILABLE TO SCHEDULE CASTE AND
SCHEDULE TRIBE, jlsr.thelawbrigade.com/wp-content/uploads/2016/06/Neha-Sujata.pdf as accessed on 03-04-2017 on
21:30 at Pg 08
30
Ibid at Pg 09
31
Bone Omprakash S, Mannewar: A Tribal Community in India. First Edn 2015, Notion Press.

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3. Notwithstanding anything contained in clause (2), the number of seats reserved in the
House of the People for the Scheduled Tribes in the autonomous districts of Assam shall
bear to the total number of seats allotted to that State a proportion not less than the
population of the Scheduled Tribes in the said autonomous districts bears to the total
population of the State32.]

[Explanation 33 .-In this article and in article 332, the expression "population" means the
population as ascertained at the last preceding census of which the relevant figures have been
published:

Provided that the reference in this Explanation to the last preceding census of which the relevant
figures have been published shall, until the relevant figures for the first census taken after the
year 2000 have been published, be construed as a reference to the 1971 census.]

In Punjabrao V. D.P Meshram34, What is the effect on caste if a person from Schedule Caste
adopts another religion namely, Buddhism? The Court held that regardless of fact that strict
compliance of formalities for conversion from a Schedule Caste to Buddhism were not observed,
such a person must be deemed to have been obliterated from the president’s order of 1950 in as
much as the order contemplate that for treating a person as to belonging from Schedule Caste, he
must be one who professes Hindu or Sikh religion And, therefore in accordance with maxim
expressounisest exclusion alteris, since these two religions were expressly mentioned, the plea
that under Art. 25 that Hindu religion included Buddhism religion cannot be accepted. The
presidential order was later changed to include Buddhism.

3. B Reservation of Seats for SC/STs in Legislative Assemblies of states Article 332 of the
Indian Constitution.

1. Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes, except the
Scheduled Tribes in the autonomous districts of Assam, in the Legislative Assembly of every
State

32
Inserted by the constitution(7th Amendment) Act1956,S.29
33
Inserted by Constitution (42nd Amendment)Act 1976,S47
34
AIR 1965 SC 1179

16
RESERVATION OF SEATS IN LEGISLATIVE BODIES

2. Seats shall be reserved also for the autonomous districts in the Legislative Assembly of the
State of Assam35.

3. The number of seats reserved for the Scheduled Castes or the Scheduled Tribes in the
Legislative Assembly of any State under clause (1) shall bear, as nearly as may be, the same
proportion to the total number of seats in the Assembly as the population of the Scheduled Castes
in the State or of the Scheduled Tribes in the State or part of the State, as the case may be, in
respect of which seats are so reserved, bears to the total population of the State.

3A. Notwithstanding anything contained in clause (3), until the taking effect, under article 170,
of the readjustment, on the basis of the first census after the year 2026, of the number of seats in
the Legislative Assemblies of the States of Arunachal Pradesh, Meghalaya, Mizoram and
Nagaland, the seats which shall be reserved for the Scheduled Tribes in the Legislative Assembly
of any such State shall be,—

(a) if all the seats in the Legislative Assembly of such State in existence on the date of coming
into force of the Constitution (Fifty-seventh Amendment) Act, 1987 (hereafter in this clause
referred to as the existing Assembly) are held by members of the Scheduled Tribes, all the seats
except one;

(b) in any other case, such number of seats as bears to the total number of seats, a proportion not
less than the number (as on the said date) of members belonging to the Scheduled Tribes in the
existing Assembly bears to the total number of seats in the existing Assembly.

3B. Notwithstanding anything contained in clause (3), until the re-adjustment, under article 170,
takes effect on the basis of the first census after the year 2026, of the number of seats in the
Legislative Assembly of the State of Tripura, the seats which shall be reserved for the Scheduled
Tribes in the Legislative Assembly shall be, such number of seats as bears to the total number of
seats, a proportion not less than the number, as on the date of coming into force of the
Constitution (Seventysecond Amendment) Act, 1992, of members belonging to the Scheduled

35
Prof (Dr) Mahendra Pal Singh, V N Shukla’s Constitution of India, 13 th Edn 2017, Eastern Book Company. See pg.429

17
RESERVATION OF SEATS IN LEGISLATIVE BODIES

Tribes in the Legislative Assembly in existence on the said date bears to the total number of seats
in that Assembly.

4. The number of seats reserved for an autonomous district in the Legislative Assembly of the
State of Assam shall bear to the total number of seats in that Assembly a proportion not less than
the population of the district bears to the total population of the State.

5. The constituencies for the seats reserved for any autonomous district of Assam shall not
comprise any area outside that district

6. No person who is not a member of a Scheduled Tribe of any autonomous district of the State
of Assam shall be eligible for election to the Legislative Assembly of the State from any
constituency of that district:

Provided that for elections to the Legislative Assembly of the State of Assam, the representation
of the Scheduled Tribes and non-Scheduled Tribes in the constituencies included in the
Bodoland Territorial Areas District, so notified, and existing prior to the constitution of
Bodoland Territorial Areas District, shall be maintained.

3. C Reservation of Seats for SC/STs in Panchayats Article 243_ D of the Indian


Constitution

Reservation of seats

1. Seats shall be reserved for

i. the Scheduled Castes; and


ii. the Scheduled Tribes, in every Panchayat and the number of seats so reserved shall
bear, as nearly as may be, the same proportion to the, total number of seats to be
filled by direct election in that Panchayat as the population of the Scheduled Castes
in that Panchayat area or of the Scheduled Tribes in that Panchayat area bears to the
total population of that area and such seats may be allotted by rotation to different
constituencies in a Panchayat

18
RESERVATION OF SEATS IN LEGISLATIVE BODIES

2. Not less than one third of the total number of seats reserved under clause ( 1 ) shall be
reserved for women belonging, to the Scheduled Castes or, as the case may be, the
Scheduled Tribes.
3. Not less than one third (including the number of seats reserved for women belonging to
the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled
by direct election in every Panchayat shall be reserved for women and such seats may be
allotted by rotation to different constituencies in a Panchayat
4. The offices of the Chairpersons in the Panchayats at the village or any other level shall be
reserved for the Scheduled Castes the Scheduled Tribes and women in such manner as
the Legislature of a State may, by law, provide: Provided that the number of offices of
Chairpersons reserved for the Scheduled Castes and the Scheduled Tribes in the
Panchayats at each level in any State shall bear, as nearly as may be, the same proportion
to the total number of such offices in the Panchayats at each level as the population of the
Scheduled Castes in the State or of the Scheduled Tribes in the State bears to the total
population of the State: Provided further that not less than one third of the total number of
offices of Chairpersons in the Panchayats at each level shall be reserved for women:
Provided also that the number of offices reserved under this clause shall be allotted by
rotation to different Panchayats at each level
5. The reservation of seats under clauses ( 1 ) and ( 2 ) and the reservation of offices of
Chairpersons (other than the reservation for women) under clause ( 4 ) shall cease to have
effect on the expiration of the period specified in article 334
6. Nothing in this Part shall prevent the Legislature of a State from making any provision
for reservation of seats in any Panchayat or offices of Chairpersons in the Panchayats at
any level in favour of backward class of citizens.

3.D Reservation of seats for SC/STs in Municipalities Art.243-T of the Indian Constitution

1. Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in every
Municipality and the number of seats so reserved shall bear, as nearly as may be, the
same proportion to the total number of seats to be filled by direct election in that
Municipality as the population of the Scheduled Castes in the Municipal area or of the

19
RESERVATION OF SEATS IN LEGISLATIVE BODIES

Scheduled Tribes in the Municipal area bears to the total population of that area and such
seats may be allotted by rotation to different constituencies in a Municipality
2. Not less than one third of the total number of seats reserved under clause ( 1 ) shall be
reserved for women belonging to the Scheduled Castes or, as the case may be, the
Scheduled Tribes
3. Not less than one third (including the number of seats reserved for women belonging to
the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled
by direct election in every Municipality shall be reserved for women and such seats may
be allotted by rotation to different constituencies in a Municipality
4. The offices of Chairpersons in the Municipalities shall be reserved for the Scheduled
Castes, the Scheduled Tribes and women in such manner as the Legislature of a State
may, by law, provide
5. The reservation of seats under clauses ( 1 ) and ( 2 ) and the reservation of offices of
Chairpersons (other than the reservation for women) under clause ( 4 ) shall cease to have
effect on the expiration of the period specified in article 334
6. Nothing in this Part shall prevent the Legislature of a State from making any provision
for reservation of seats in any Municipality or offices of Chairpersons in the
Municipalities in favour of backward class of citizens.

There is no limit of reservation in article 243, it only talks about proportionality. Article 243 is
just an enabling provision- We know that the provisions in our Constitution relating to
Panchayati Raj are simply enabling provisions (Enabling means that the provisions in the
Constitution merely provide a broad framework, in order to implement that framework,
respective state governments have to pass corresponding laws). There is a reason for this. The
reason is that the reservation policies cannot be uniform throughout India. Customized policies
need to be made on a case to case basis since political situation in every part of country is
different36.

36
Supra Note 36

20
RESERVATION OF SEATS IN LEGISLATIVE BODIES

Reservation can exceed 50% of the total seats only in Tribal Areas- By making an exception in
reservation with relation to tribal areas; the Tribal areas are getting highly benefitted by it. There
are a lot of tribal areas which exist in places which are very rich in natural resources and forest.
The Panchayat (Extension to Scheduled Areas) Act, 1996 gives a lot of power to the Tribal
Panchayats if someone is to encroach upon their area. This is a highly welcome measure as
Tribal people are the ones who have been living in those areas since a long time and they must
have some authority in deciding about what is rightfully theirs37.

Thus, Tribal people have been benefitted by PESA. But still, in the states of Chhattisgarh and
Jharkhand, where a large chunk of tribal population resides, it is not applicable. This issue must
be immediately addressed and it must be made applicable in those areas as well38.

3F(Fiscal, Function and Functionary) Strategy- Function and Functionaries self-reliance-


Under 3F strategy, if functionaries’ self-reliance is achieved, it would solve a lot of problems
related to reservation. Right now, the power vests with the state government in all the spheres of
governance. If this changes and more power is given to Panchayats, they might decide what is
best for them on a case to case basis39.

For SC and ST, mere reservation is not enough. People who get elected work for their own
benefit and not for the community - It is important to observe that in case of SC/ST, it is the
empowered people in those communities who get elected and are chosen to govern. But, after
getting elected, they tend to ignore their community and start living in Ivory towers. They work
for their own benefit and not for the community. There is a need to put a check on this. There
should be Grievance Redressal Committees in all the areas where the SC and ST population is in
sufficient numbers.

Rotation in the reservation of seats- While the Constitution does not mandate rotation of seats
after just one election cycle, this often is the practice across the states. It counters the intent of

37
http://www.desikanoon.co.in/2012/08/reservation-in-panchayati-raj-system.html, as Accessed on 03-04-2017 at
23:25
38
http://drsushilsri-feeling.blogspot.in/2012/12/scst-reservation-in-india-is-good-or.html
39
Supra Note 41

21
RESERVATION OF SEATS IN LEGISLATIVE BODIES

reservation40. Candidates who win elections for the first time from reserved seats do not get
adequate opportunity to gain in experience and grow in stature by getting re-elected. Often,
proxy candidates are put up, who serve a term, after which the seats gets de-reserved and
becomes available to the existing powerful groups and individuals41. Moreover, the rotation after
one election cycle often leads to an unhealthy attitude of the elected, having little hope for re-
election42.

Case laws

The constitutional policy regarding the reservation of seats for the Scheduled Castes and the
Scheduled Tribes was interpreted by the Supreme Court in V. V. Giri v. D. S. Dora. 43 Four
candidates, A, B, C and D contested election for a double member Parliamentary constituency. B
and C contested the reserved seat and A and D the general seat. They secured 1,24,039;
1,24,604; 1,26,792 and 1,18,968 votes respectively. C was declared elected to the reserved seat
and B to the general seat. A challenged the validity of B's election on the ground that since he
had offered himself as a candidate for the reserved seat he could not be elected to the general
seat. The logic of the contention was very clear. B and C both having contested the reserved seat,
C was rightly elected to that seat but B not having contested the general seat could not be elected
to that seat. The general seat must go either to A or to D. Mr. Justice Gajendragadkar observed
that 'the electoral roll is prepared on a purely secular basis without any reference to religion, race,
caste or sex'. The learned judge pointed out that election to the House of the People (Lok Sabha)
even from a double member constituency was one. The Constitution had clearly 'refused to adopt
the system of separate electorates. It was the parliamentary constituency that sent representatives
to Parliament and not any single communal group. The reservation of seats provided by the
Constitution 'is intended to guarantee a minimum number of seats to the Scheduled Castes and
Tribes. If the members of such castes or tribes secured additional seats through open competition
they were certainly free to do so. The Court therefore, upheld the election of B. Mr. Justice
Kapur, who delivered the minority opinion:

40
http://www.desikanoon.co.in/2012/08/reservation-in-panchayati-raj-system.html, as Accessed on 03-04-2017 at
23:34.
41
Ibid
42
Ibid
43 AIR. 1939 S.C. 131H.

22
RESERVATION OF SEATS IN LEGISLATIVE BODIES

If in a single member constituency a seat can be reserved which means that only a
Scheduled Caste candidate can be elected to that seat the effect of reservation of seat in the
double member constituency will also be that when a. member of the Scheduled Caste offers
himself for election to a reserved seat he can be elected only to that seat and to no other.

Identification of the Recipients of Protective Discrimination: Judicial Process

The Constitution does not specify the castes or tribes which are to be called the Scheduled
Castes or the Scheduled Tribes. It defines them as such castes, races or tribes or tribal
communities as are declared by the President to be the Scheduled Castes or the Scheduled
Tribes.44 The castes or the tribes have to be specified by the President in consultation with the
Governor of state in respect of which they are specified.45 Under this power, the President has
promulgated a number of orders giving lists of castes or tribes which are to be called the
Scheduled Castes or the Scheduled Tribes.46 As none of them was satisfactory, the matter was
referred to the Backward Classes Commission on the recommendation of which Parliament
enacted the Scheduled Castes and Scheduled Tribes Order (Amendment) Act, 1956. After the
reorganisation of the states on linguistic basis, the Scheduled Castes and Scheduled Tribes Lists
(Modification) Order, 1956 was issued. In addition, various other orders have been issued for the
union territories.47 The discretion of the President to designate castes as the Scheduled Castes or
tribes as the Scheduled Tribes is subject only to the power of Parliament under article 341(2) and
342(2). The courts have so far not encouraged attempts to have the exercise of such discretion
judicially reviewed.48

The question of group status often comes before the courts. The competence of a person to
contest a reserved seat is frequently questioned on the ground that the person does not belong to
a Scheduled Caste or a Scheduled Tribe. If a particular caste is not mentioned in the list it may be
said that a person of that caste is not entitled to contest a reserved seat. In such a case, the courts

44 Article 366(24).
45 Articles 341 and 342,
46 The Constitution (Scheduled Castes) Order, 1950; the Constitution (Scheduled Tribes) Order, 1950; The Constitution

(Scheduled Castes Part C Slates) Order, 1951 and The Constitution (Scheduled Tribes -Part C States) Order. 1951; the
Constitution (Jammu and Kashmir) Scheduled Castes Order, 1956.
47 The Constitution (Andaman and Nikobar) Scheduled Tribes Order, 1959; the Constitution (Dadra and Nagar Havell)

Scheduled Castes Order, 1962. See M.P. Jain, Indian Constitutional Law 681 (2nd ed, 1970).
48 Rajendran v. State of Saurashtra, A.LR. 1968 S.C. 1812.

23
RESERVATION OF SEATS IN LEGISLATIVE BODIES

try to find whether the caste to which the person belongs is a sub-caste of or is only a different
name for one of the castes mentioned in the Presidential Order or the law passed by Parliament.49
As the Scheduled Castes are generally the groups which have been the victims of the Hindu caste
system, and discrimination in their favour turns out to be a discrimination in favour of the
persons of the Hindu faith. These people suffered from various social disabilities. As the
segmental division was not recognised by other religions the question of the Scheduled Castes
belonging to other religions did not arise. The Scheduled Caste Order, 1950 provides that 'no
person who professes a religion different from Hinduism shall be deemed to be a member of the
Scheduled Castes. However the provision for the reserved seats was extended to certain sections
of the Sikhs who had converted to sikh faith and after conversion belong to schedule caste. This
makes it clear that the provision for reserved seats was intended to cover all those who had been
the victims of the Hindu caste system. Although clause (4) of article 15 permits discrimination
on grounds of religion, race, caste, etc., such discrimination has to be for the advancement of
socially and educationally backward classes or the Scheduled Castes and the Scheduled Tribes.
In judging the eligibility of a person for a reserved seat, the test should be, not whether at present
he professes Hindu religion but whether he was born in a Scheduled Caste and has suffered
social handicaps. The Scheduled Castes or Scheduled Tribes are the specific and identified
groups of backward or weaker sections of the Indian society. Protective discrimination is related
to their weakness or backwardness and not to the religion they profess. Their caste is taken into
account only to identify them in the context of the past injustice perpetrated on them.
In Chaturbhuj Vithaldas Jasani v. Moreshwar Parashram 50 the Supreme Court considered
whether T was entitled to contest election for a reserved seat in spite of his conversion to the
Mahanubhava Panth. T was born as a Mahar but subsequently embraced the Mahanubhava
Panth. His nomination was rejected by the Election Commission but the Election Tribunal
overruled the Commission and held it to be valid. When the question came before the Supreme
Court, Bose J. observed that in such a case three factors had to be considered: (i) the reactions of
the old body; (ii) the intention of the individual himself; and (iii) the rules of the new order. The
learned judge observed:

49 See generally Basavlingappa v. munichinnappa. A.I.R. 1965 S.C. 1269; Bhaiya lal v. Harikrishna Singh, A.I.R. 1965 S.C.
1557; Abhoy Pada Saha v. Sudhir Kumar Mundal, A.I.R. 1967 S.C. 115; Bhaiya Ram v. Munda Anirudha Patar. A.I.R. 1971
S.C. 155.
50 1954 S.C.R. 817.

24
RESERVATION OF SEATS IN LEGISLATIVE BODIES

If the old order is tolerant of the new faith and sees no reason to outcaste or ex-
communicate the convert and the individual himself desires and intends to retain his old
social and political ties, the conversion is only nominal for all practical purposes.

The Mahanubhava. Panth was based on total rejection of the caste system and the multiplicity of
Gods. However, the Panth tolerated T's adherence to the caste. It did not punish him for such
adherence. The Court observed that 'conversion to the Mahanubhava sect imports little beyond
an intellectual acceptance of certain ideological tenets and does not alter the convert's caste
status'.

In Punjabrao v. Meshram51 the Supreme Court considered an appeal against the decision of the
High Court of Bombay. The High Court had set aside the decision of the Election Tribunal
whereby the respondent had been declared ineligible to contest a reserved seat on account of his
conversion to Buddhism. The High Court held that the meaning of the words 'professes a
religion' in the Presidential Order was 'to enter publicly into a religious state' and for that purpose
a mere declaration by a person that he had ceased to belong to that religion and had embraced
another religion would not be sufficient. In the Supreme Court, Mudholkar, J. observed that 'if a
public declaration is made by a person that he has ceased to belong to his old religion and has
accepted another religion, he will be taken as professing the other religion. The learned judge
observed that the word "Hindu" appearing in the Presidential Order had to be narrowly
construed. In view of the fact that the order contained express mention of the Sikh religion, the
word "Hindu" must be construed to mean only orthodox Hindu religion which recognised castes
and contained injunctions based on caste distinctions. The Court, therefore, held that the
respondent could not contest a reserved seat as he had been converted to Buddhism.

The Scheduled Castes or the Scheduled Tribes have not been given reserved seats as separate
communities. It is the members of those groups to whom the Constitution extends special
protection. The crucial test therefore should be whether the candidate has suffered social
disabilities as a result of his association with a Scheduled Caste. The excessive reliance of the
Court on the observance of caste customs and rituals for determining eligibility of a candidate to

51 AJR 1965 S.C. 1179.

25
RESERVATION OF SEATS IN LEGISLATIVE BODIES

a reserved seat is likely to frustrate the constitutional objective of a modern, secular society. The
reservation of seats ought to be considered, not as a measure of community representation, but a
measure of social justice and an instrument of social change. The Scheduled Castes and the
Scheduled Tribes are the groups which have suffered injustice in the past. It is for their benefit
that the protective discrimination has been provided. The presumption is that members of such
castes have suffered socially and are, therefore, entitled to protective discrimination. If such a
person changes his religion, the above presumption need not be abandoned. The burden of
showing to the Court that the convert has overcome all handicaps that resulted from his having
been born as a Scheduled Caste must lie on the person who questions his eligibility for a
reserved seat.

26
RESERVATION OF SEATS IN LEGISLATIVE BODIES

CHAPTER IV

IMPACT OF RESERVATION IN LEGISLATIVE BODIES


The constitutional provisions for reservation in public sector employment and educational
institutions are mere authorizations empowering the State to make special provisions in favour of
discriminated groups. But, the legislative reservations are specifically provided in the
Constitution itself Legislative seats in each state are reserved in proportion to the population of
SC/STs in the state. Thus, in 2004, 75 seats (13.81 per cent) of 543 seats in Lok Sabha were
reserved for SCs and 41 seats (7.55 per cent) for STs. Of the total number of seats reserved in all
the states’ legislative assemblies (Vidhan Sabhas), more than 2000 seats were reserved for SC
and STs52.
In the case of political reservation, two problems continue to receive attention. Firstly, the
Government has been delaying the updating of the percentage share of seats for SC/STs in the
central and state legislatures as per the recent changes in population figures 53 . The present
allocation of seats for SC/ST is based on the population census of 1981, whereby the population
share of SCs is about 14 per cent and STs about 7.55 per cent. Whereas, according to the latest
population census of 2001, their population is about 17 per cent for SCs and 8.50 per cent for
STs. Thus, both groups continue to suffer from under-representation in central and State
Legislature54.
Another issue relates to the quality of representation afforded by the SC/ST representatives in the
legislative bodies. Of course, it cannot be denied that political reservation does provide
substantial quantitative presence of the SC/STs in the legislative bodies, which would otherwise
have been completely nil, if not for political reservations55. Nonetheless, the activities of SC/ST
representatives are presumably microscopic and concentrated on matters that affect these groups
only. Also, their effectiveness in representing the interests of the marginalized groups is most

52
http://shodhganga.inflibnet.ac.in/bitstream/10603/37478/12/12_chapter%205.pdf, at page 11(166). As Accessed on 03-04-
2017 at 20:45. Also see Thorat Sukhadeo and Senapati Chittaranjan, Reservation in Employment, Education and
Legislature — Status and Emerging Issues, http://www.dalitstudies.org.in/download/wp/0705.pdf,as Accessed on 03-04-
2017 at 20:48.At Page 22
53
Thorat Sukhadeo and Senapati Chittaranjan, Reservation in Employment, Education and Legislature — Status and
Emerging Issues. , http://www.dalitstudies.org.in/download/wp/0705.pdf,as Accessed on 03-04-2017 at 20:48,at page 22
54
Ibid
55
Ibid

27
RESERVATION OF SEATS IN LEGISLATIVE BODIES

evident in their dealings on matters directly related to their welfare. However, there have been
studies that have made the observation that there is a problem of low participation, less
articulation, less assertiveness and less independence of SC/ST representatives than their
colleagues belonging to high castes56. To the extent that the problem of quality of representation
exists, it may be attributed to the “structural constraints imposed by the arrangement for reserved
seats or the method of election under reservation”57.
Often, a legislator elected through reserved seat, especially a SC, is responsible to and dependent
upon a constituency made up overwhelmingly of non-members (or high caste members). To the
extent that the legislator is dependent on high caste vote and is thus, obliged to support them;
thus a SC legislative candidate suffers from the limitation of not being able to represent fully the
interests of SC/STs, who themselves happen to be a minority in most of the reserved
constituencies 58 . This arrangement acts as a filter in keeping the divergent interests of these
groups from unifying and checks direct and forceful expression of their grievances and
interests.It is precisely because of this limitation of political reservation that Ambedkar had
suggested an alternative arrangement or method of election of SC/ST representatives, namely
‘separate electorate’ as against reservation of seats. The separate electorate would have ensured
the representation of more independent and representative legislature of SC/STs in legislature59.
It is possible to look at some of the indicators of human development in order to capture the
aggregate impact of formal and informal affirmative action policies, as well as, the general
economic and social development trends60. Over time, there has been a positive improvement in
the human development of SC/STs. The positive changes are reflected in the aggregate indicators
of human development – income level, employment, social needs like education and health, and
ultimately, in poverty. During 1983/84, we observed an improvement in the monthly per capita
consumption expenditure (proxy indicator for income), literacy rate and incidence of poverty of
SC/STs 61 . As mentioned earlier, the share of SC/ST employees in government sector has

56
Thorat Sukhadeo and Senapati Chittaranjan, Reservation in Employment, Education and Legislature — Status and
Emerging Issues. , http://www.dalitstudies.org.in/download/wp/0705.pdf,as Accessed on 03-04-2017 at 20:48,at page 22
57
Ibid
58
Ibid
59
Thorat Sukhadeo and Senapati Chittaranjan, Reservation in Employment, Education and Legislature — Status and
Emerging Issues. , http://www.dalitstudies.org.in/download/wp/0705.pdf,as Accessed on 03-04-2017 at 20:48,at page 23
60
http://shodhganga.inflibnet.ac.in/bitstream/10603/37478/12/12_chapter%205.pdf as Accessed on 03-04-2017 at 20:58 at
Pg 29
61
Ibid

28
RESERVATION OF SEATS IN LEGISLATIVE BODIES

significantly improved and apparently, it had positive multiplier effects on the social and
economic situation of these two disadvantaged groups62.
However, it needs to be recognized that, although there has been some improvement as reflected
in some of these indicators, improvement in relation to non SC/ST is low, or lower than the rate
which is required to bridge the gap between SC/ST and Non SC/ST groups. Hence, the
disparities between SC/STs and non SC/ST have not been reduced substantially so as to bridge
the gap to a reasonable level. Consequently, the socially marginalized groups of SC/STs lag
behind the non SC/ST section of the Indian population with respect to attaining the desirable
level in human development63.

62
Supra Note 43.
63
http://shodhganga.inflibnet.ac.in/bitstream/10603/37478/12/12_chapter%205.pdf Accessed on 03-04-2017 at 20:58 at Pg
29

29
RESERVATION OF SEATS IN LEGISLATIVE BODIES

CHAPTER V

EXTENTION OF RESERVATION IN LEGISLATIVE BODIES

Political reservation has a time limit. Initially, when it was drafted, reservation was provided for
a ten year period, with a provision for extension after every ten years. Accordingly, since the
initiation of reservation for the first time in 1937, it has been extended after every ten years. The
present extension is up to 201064.
However, the ten year limit is not applicable to reservation in government services and
governmental educational institutions 65 . While the Constitution made a general provision for
adequate share to be provided for the SC/STs, it is left to the discretion of the Government to
decide when the reservation policy could be called off; which could be done as and when it
believed that discrimination against the SC/STs may no longer be a major problem and that they
are adequately empowered, and have received due representation and participation in normal
course. The same criterion was to be utilized for the extension/calling off of reservation in
legislature after every ten year66.
It is necessary to recognize that although there is a minority view that expresses concern about
the indefinite extension of reservations, the dominant view is and has remained in favour of
extension 67 . The latter support reservation as long as discrimination and social exclusion of
SC/STs persists. And since social exclusion and discrimination of SC/STs is prevalent on a large
scale in multiple spheres and that these groups continue to be deprived
of basic rights, there is general support in the Government for reservation policy without time
consideration68.
In fact, given the exclusivist character of the Indian social order, reservation in government
services have been extended to include other groups: Other Backward Castes (OBCs, who
constitute 27 per cent of India’s population); SCs who have converted into Sikhism and
Buddhism; and the backward caste Muslims. The case for reservation for SCs who have

64
http://shodhganga.inflibnet.ac.in/bitstream/10603/37478/12/12_chapter%205.pdf Accessed on 03-04-2017 at 20:58 at Pg
33
65
Ibid
66
http://shodhganga.inflibnet.ac.in/bitstream/10603/37478/12/12_chapter%205.pdf Accessed on 03-04-2017 at 20:58 at Pg
34
67
Ibid
68
Ibid

30
RESERVATION OF SEATS IN LEGISLATIVE BODIES

converted to Christianity is presently under consideration. Some states have already announced
reservation in government services for Muslims in a limited scale69.
However, there is a difference of opinion regarding the targeting of reservation within the group
that has already been identified for reservation. For example, within the OBCs, the relatively
better-off classes are termed ‘creamy layer’ and are thus, excluded from the umbrella of
reservation. One is categorized as belonging to the ‘creamy layer’ on the basis of one’s income
and other supplementary indicators 70 . The concept of ‘creamy layer’ however, has not been
applied to SC/STs because the ones who are relatively better off, as well as the ones who are
worse off, continue to suffer from discrimination and non-participation in development
processes. At the same time, the relatively better-off SC/STs do suffer from exclusion and
discrimination based on the income criterion, although, in theory, they are entitled to reservation
in government jobs, educational institutions and the legislature71.
Despite legal measures in seeking legal safeguards against discrimination in employment,
education and other spheres, the SC/STs continue to suffer from discriminatory access to the
institutions of justices which are responsible for delivering justice 72 . Studies relating to this
aspect of discrimination indicate that SC/STs are generally faced with insurmountable obstacles
in their efforts to seek justice in event of discrimination: during registration of a legal case or
while taking up matters at various levels of the institutional setup, for e.g., before the police, the
public prosecutors and other official functionaries. Official statistics and various studies based on
primary surveys highlight the following characteristics regarding the institutions of justice73.

Another article of Indian constitution which I would like to bring forward is Article 33474. When

69
Ibid
70
http://shodhganga.inflibnet.ac.in/bitstream/10603/37478/12/12_chapter%205.pdf Accessed on 03-04-2017 at 20:58 at Pg
34
71
Ibid at Pg 35
72
Ibid at Pg 31
73
Ibid at Pg 31
74
Article - 334 - Reservation of seats and special representation to cease after twenty years” - Notwithstanding anything in
the foregoing provisions of this Part, the provisions of this Constitution relating to—
(a) the reservation of seats for the Scheduled Castes and the Scheduled Tribes in the House of the People and in the
Legislative Assemblies of the States; and
(b) the representation of the Anglo-Indian community in the House of the People and in the Legislative Assemblies of the
States by nomination, shall cease to have effect on the expiration of a period of twenty years from the commencement of
this Constitution:
Provided that nothing in this article shall affect any representation in the House of the People or in the Legislative Assembly
of a State until the dissolution of the then existing House or Assembly, as the case may be

31
RESERVATION OF SEATS IN LEGISLATIVE BODIES

the constitution was first introduced on 26th November 1949. This meant that, reservation of
SC/STs in House of the People and in Legislative Assemblies of the states should not be in effect
post 1970. However, as per the 23rd Amendment which happened on 23th January 1970, article
334 of Indian constitution was amended to extend reservation for SC/ST and nomination of
Anglo Indian members in Parliament and State Assemblies for another 10 years. This meant that
reservations of SC/STs in the House of the People and in Legislative Assemblies of the States is
extended till 1980. Basically, when constitution of India was written, the goal was set for twenty
years to bring a reform among SC/STs. However, lack of accountability among politicians and
creation of vote-bank politics resulted in further 10 year extension of the time-line. The worst
was yet to come. On 25th Janurary 1980, article 334 of Indian constitution was again amended
(45th Amendment) to extend reservation for SC/ST and nomination of Anglo Indian members in
Parliament and State Assemblies for another ten years. 10 years later, on 20th December 1989,
article 334 of Indian constitution was once again amended (62nd Amendment) to extend
reservation for SC/ST and nomination of Anglo Indian members in Parliament and State
Assemblies for another ten years. Ten years later, on 25th January 2000, article 334 of Indian
constitution was amended (79th Amendment) for the 4th time to extend reservation for SC/ST
and nomination of Anglo Indian members in Parliament and State Assemblies for another ten
years 75 . Later by the The Constitution (Ninety-fifth Amendment) Act, 2009, extended the
period of reservation of seats for the Scheduled Castes and Scheduled Tribes and representation
of the Anglo-Indians in the Lok Sabha and the State Legislative Assemblies for another ten
years, i.e. up to 26 January 2020.

So, basically, the concept of reservations of seats for SCs/STs in House of People and
Legislative assemblies was meant for twenty years but incapable/unaccountable politicians
extended it till sixty years. The most disheartening fact is, the situation of SCs/STs in India still
remains as backward as it was during independence. This will continue to happen until SCs/STs
wake up and demand progress and accountability from their elected representatives. Also, they
need to start realizing that, their elected representative need not be from SCs/ST to understand
their problems.

75
http://i-am-against-reservation.blogspot.in/2016/03/reservation-in-india.html, as Accessed on 03-04-2017 at 23:32

32
RESERVATION OF SEATS IN LEGISLATIVE BODIES

CONCLUSION
The reservation in legislative bodies has also ensured the SC/STs some space in the executive
and decision making process. The impact of formal reservation policy in government sector and
informal affirmative action policy in private sector has led to some improvement in the human
development of SC/STs76. However, as compared to non-SC/ST population of the country, the
rate of improvement has been rather slow. And as result, despite positive improvements, the
disparities in human development between SC/STs and non-SC/ST continue even today77.
During the course of the implementation of reservation policy, some problems have become
apparent. Although the Government has taken steps to improve the implementation of
reservation policy, there has been resistance to the policy in indirect forms and as result, its
success is uneven across sectors and department78. Reservations is close to the population mark
of SC/STs in lower categories of jobs, but lower than the population mark in case of high grade
positions and technical education institutions79.
Hence, societal discrimination and exclusion in multiple spheres and violent opposition by the
powerful high caste civil society and also some organs of the state drastically reduce SC/ST
freedom and capacity to enjoy their civil, political and economic rights and equal opportunities 80.
The failure of entitlements due to caste-based exclusion is of considerable magnitude. Empirical
evidence proves that, among others, caste/untouchability-based exclusion and discrimination of
SCs and isolation and exclusion of STs in the past and continuation in the present through its
residual traditional attributes contribute to the low level of human development and high level of
deprivation of the SC/ST81s.

76
Thorat Sukhadeo and Senapati Chittaranjan, Reservation in Employment, Education and Legislature — Status and
Emerging Issues. , http://www.dalitstudies.org.in/download/wp/0705.pdf, as accessed on 13.03.2017 at 10:35 AM. At pg
28
77
Ibid
78
Ibid
79
Ibid
80
Supra Note 63, at Pg 29
81
Thorat Sukhadeo and Senapati Chittaranjan, Reservation in Employment, Education and Legislature — Status and
Emerging Issues. , http://www.dalitstudies.org.in/download/wp/0705.pdf, as accessed on 13.03.2017 at 10:35 AM. At pg 29

33
RESERVATION OF SEATS IN LEGISLATIVE BODIES

REFERENCES

BOOKS REFERRED

 Bone Omprakash S, Mannewar: A Tribal Community in India. First Edn, Notion Press, 2015.
 Prof (Dr) Mahendra Pal Singh, V N Shukla’s Constitution of India, 13th Edn, Eastern Book
Company, Lucknow, 2017
 Prof. Jain, M.P.Indian Constitutional Law, Fifth Edition, Lexis Nexus Butterworth’s Wadhwa
Nagpur, 2008.

ARTICLES REFERRED

 Thorat Sukhadeo and Senapati Chittaranjan, Reservation in Employment, Education and


Legislature — Status and Emerging Issues.
 Singh Neha & Chauhan Sujata, Constitutional Provisions Available to Schedule Caste and
Schedule Tribe.
 Nabhi’s Brochure on Reservation and Concession for Schedule Caste and Schedule Tribes and
OBCs, 2nd Edn 2003.

WEBLIOGRAPHY

 http://www.dalitstudies.org.in/download/wp/0705
 http://shodhganga.inflibnet.ac.in/bitstream/10603/37478/12/12_chapter%205.pdf
 http://blogs.reuters.com/india-expertzone/2014/06/13/election-2014-imbalanced-participation-of-
women/
 http://www.prsindia.org/media/essential-stats/women-in-the-16th-lok-sabha-3297/
 http://www.downtoearth.org.in/news/61-women-make-it-to-lok-sabha-in-2014-against-59-in-
2009--44447
 http://blogs.reuters.com/india-expertzone/2014/06/13/election-2014-imbalanced-participation-of-
women/
 https://en.wikipedia.org/wiki/Women%27s_Reservation_Bill
 http://www.legalindia.com/women-reservation-bill-a-step-towards-women-empowerment/
 http://www.worldlibrary.in/articles/Scheduled_tribe
 jlsr.thelawbrigade.com/wp-content/uploads/2016/06/Neha-Sujata.pdf
 http://chaurahha.wordpress.com/2013/02/07/reservation-in-india/
 http://drsushilsri-feeling.blogspot.in/2012/12/scst-reservation-in-india-is-good-or.html
 http://www.desikanoon.co.in/2012/08/reservation-in-panchayati-raj-system.html
 http://i-am-against-reservation.blogspot.in/2016/03/reservation-in-india.

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