replyNew Delhi, Oct 13 (PTI) The Supreme Court today soughtthe Centre's reply on a plea for proportional representationof the Scheduled Tribes (ST) in the Lok Sabha and legislativeassemblies of West Bengal and Sikkim.
A bench headed by Chief Justice Dipak Misra also issuednotices to the Election Commission of India (ECI), West Bengaland Sikkim on the plea filed by an organisation, PublicInterest Committee For Scheduling Specific Areas (PICSSA).
The plea, filed through advocate Prashant Bhushan, hasalleged that despite the constitutional and statutoryrequirements, the Centre, ECI and these state governments havefailed to carry out their constitutional obligations to ensureproportional representation to the Scheduled Tribes.
"Issue an order or direction to the Centre and the statesto provide for the proportional representation of ScheduledTribes (STs) in the House of People (Lok Sabha) and thelegislative assemblies of states of West Bengal and Sikkim asper the mandate of Article 330 and 332 of the Constitution ofIndia," the plea said.
Article 330 and 332 of the Constitution deals withreservation of seats for Scheduled Castes and Scheduled Tribesin the Lok Sabha and the state legislative assembliesrespectively.
"Limbu and Tamang have been inserted as Scheduled Tribesfor the state of West Bengal and for Sikkim in the ScheduledCastes and Scheduled Tribes (Amendment) Act, 2002," the pleasaid.
As per Scheduled Castes 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 court order, directingthe EC to consider the case of the Scheduled Tribes which hadbeen included in the list of Scheduled Tribes and to takeappropriate steps for their representation in the Lok Sabha aswell as in the state legislative assembly, was notimplemented.
"Moreover the state assembly elections in 2016 had noreserved ST seats," it said.
The petition also claimed that seats for STs andScheduled Castes were not adjusted as per the delimitationAct.
"Section 8(2) and Section 9 of the Delimitation Act, 2002also casts an obligation on the Delimitation Commission toreadjust and distribute the number of seats on the basis ofcensus figures as ascertained at the census held in the year2001 the number of seats, if any, to be reserved for theScheduled Castes and for the Scheduled Tribes of the State.
"Despite these constitutional and statutory requirements,respondents have failed to carry out their constitutionalobligations to ensure proportional representation to theScheduled Tribes under the aforesaid provisions of theConstitution," the plea added. PTI RRT PKS ABA MNL RKSZMN.
This is unedited, unformatted feed from the Press Trust of India wire.