'Dialling the wrong number': SC on petitionfor rotating reserved seats
New Delhi, Nov. 5 -- The Supreme Court on Wednesday told a petitioner seeking mandatory rotation of seats reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs) in Parliament and state legislative assemblies that he was "dialling the wrong number", pointing out that any change in the existing reservation policy was a matter for the legislature to examine and not something courts could direct.
The court also observed that whether identifying reserved constituencies on the basis of a higher concentration of SC/ST population perpetuates caste divisions was a question for the legislature to consider, and could not by itself render the existing law unconstitutional. A bench, comprising Chief Justice of India Surya Kant and justices Joymalya Bagchi and V Mohana, declined to interfere with an Allahabad High Court judgment that upheld Section 9(1)(c) of the Delimitation Act, 2002, which requires reserved constituencies to be identified in areas where the proportion of SC/ST population is comparatively large. The provision does not mandate periodic rotation of such constituencies.
The court said the petitioner could approach elected representatives and seek a consensus for introducing the rotation principle through legislation. The petition, filed by Jagdish Singh, an elector of the 191-Kadipur assembly constituency in Uttar Pradesh's Sultanpur district, argued that the absence of rotation violated the right to equality and other fundamental rights, including Articles 14, 15 and 19 of the Constitution, and restricted voters to choosing candidates only from the SC community....
इस लेख के रीप्रिंट को खरीदने या इस प्रकाशन का पूरा फ़ीड प्राप्त करने के लिए, कृपया
हमे संपर्क करें.