SC/ST Reserved Seats: Supreme Court Refuses to Order Rotation

The Supreme Court on Wednesday, 4 November, refused to order that constituencies reserved for Scheduled Castes and Scheduled Tribes be rotated, upholding an Allahabad High Court judgment that had dismissed a voter’s challenge. A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana heard the plea from Jagdish Singh, an elector of the Kadipur assembly seat in Uttar Pradesh, which has been reserved for nearly seven decades, according to Indian Opinion and LiveLaw’s court alerts.

Seats Stay Reserved Until Parliament Acts

The ruling means no change for any reserved constituency. Kadipur and other seats with a high share of SC or ST population stay reserved, and voters cannot go to court to have them opened to all candidates. Indian Opinion reported that the court held the matter lay in Parliament’s domain and that the law does not mandate periodic rotation. Justice Bagchi said voters in a multiparty democracy are expected to vote on political ideology rather than on caste or religion.

What the High Court Had Held

Singh challenged the 18 December 2006 notification that reserved Kadipur for Scheduled Castes, and part of Section 9(1)(c) of the Delimitation Act, 2002, which allows seats to be reserved where the SC or ST share of the population is relatively high. The Allahabad High Court bench of Justices Alok Mathur and Amitabh Kumar Rai dismissed the petition, LiveLaw reported in July. It said Articles 330 and 332 fix the number of reserved seats but do not prescribe how they are chosen, and that Parliament can set the method under Article 327.

Also read Nirmala Sapre Disqualification: Supreme Court Gives MP Speaker 2 Months

Route Left for the Petitioner

With the appeal gone, the only route to a rotation system is an amendment passed by Parliament. Indian Opinion reported that the court told the petitioner he could approach public representatives to build consensus for such a change. No date for any legislative move has been announced.

Earlier IPB coverage of the day’s top court orders is in Two-Child Norm: Supreme Court Refers Panchayat Poll Bar to Larger Bench and the Daily Updates section.

Source: Based on reporting by Indian Opinion and LiveLaw. High Court judgment: LiveLaw report.

Image: Wikimedia Commons.