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Proportional representation of STs in LS: SC seeks Centre's

Press Trust of India  |  New Delhi 

The Supreme today sought the Centre's reply on a plea for proportional representation of the (ST) in the and legislative assemblies of and

A bench headed by Chief Justice also issued notices to the Commission of (ECI), and on the plea filed by an organisation, Public Interest Committee For Scheduling Specific Areas (PICSSA).

The plea, filed through advocate Prashant Bhushan, has alleged that despite the constitutional and statutory requirements, the Centre, ECI and these state governments have failed to carry out their constitutional obligations to ensure proportional representation to the

"Issue an order or direction to the Centre and the states to provide for the proportional representation of Scheduled Tribes (STs) in the House of People (Lok Sabha) and the legislative assemblies of states of and as per the mandate of Article 330 and 332 of the Constitution of India," the plea said.

Article 330 and 332 of the Constitution deals with reservation of seats for and in the and the state legislative assemblies respectively.

"Limbu and Tamang have been inserted as Scheduled Tribes for the state of West Bengal and for Sikkim in the Scheduled Castes and Scheduled Tribes (Amendment) Act, 2002," the plea said.

As per and Scheduled Tribes Orders (Amendment) Act, 2002, several tribes, communities, parts, groups have been included in the lists of Scheduled Tribes.

The petition said that a 2012 apex order, directing the EC to consider the case of the Scheduled Tribes which had been included in the list of Scheduled Tribes and to take appropriate steps for their representation in the as well as in the state legislative assembly, was not implemented.

"Moreover the elections in 2016 had no reserved ST seats," it said.

The petition also claimed that seats for STs and were not adjusted as per the delimitation Act.

"Section 8(2) and Section 9 of the Delimitation Act, 2002 also casts an obligation on the Delimitation Commission to readjust and distribute the number of seats on the basis of census figures as ascertained at the census held in the year 2001 the number of seats, if any, to be reserved for the Scheduled Castes and for the Scheduled Tribes of the State.

"Despite these constitutional and statutory requirements, respondents have failed to carry out their constitutional obligations to ensure proportional representation to the Scheduled Tribes under the aforesaid provisions of the Constitution," the plea added.

(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

First Published: Fri, October 13 2017. 20:07 IST