SC notice to centre, states on extending SC/ST legislative quota

The Supreme Court Tuesday issued notice to the central and state governments on a petition challenging the constitution's 95th amendment extending the period of reservation of seats for scheduled castes and scheduled tribes in Lok Sabha and state assemblies by another 10 years upto Jan 26, 2020.

By the said amendment, the representation of Anglo-Indians too was extended by the same period.

A constitution bench of Chief Justice R.M. Lodha, Justice Dipak Misra, Justice Madan B. Lokur, Justice Kurian Joseph and Justice S.A.Bobde issued notice after it was told that 79th amendment extending this period of reservation has been over-ridden by the 95th amendment that has increased the period till January 26th 2020.

Notice is returnable in eight weeks.

The constitution bench Tuesday took up for hearing petition filed in 2000, 2001, 2006 and 2007, challenging the earlier extension of period by 79th amendment.

Senior counsel Rajiv Dhawan, who appeared for a number of petitioners, urged that notice may be issued to the political parties but it did not find favour with the court. He said that political parties may be permitted to implead themselves if they so intended.

The 95th amendment of the constitution that was passed by the parliament in 2009 was given presidential assent on Jan 19, 2010.

Originally the reservation for seats in scheduled castes and scheduled tribes in Lok Sabha and State assemblies was upto 1960. But it was successively amended by 8th, 23rd, 45th, 62th and 79th amendment of the constitution's article 334 to extend this period of reservation.

Article 334 of the constitution provides for reservation of seats for scheduled castes and scheduled tribes and Anglo-Indian community in the Lok Sabha and legislative assemblies.