SC to hear on Nov 21 pleas challenging validity of extending reservation of seats for SCs/STs in LS, Assemblies
Sep 20, 2023
New Delhi [India], September 20 : The Supreme Court on Wednesday said that it will examine pleas challenging the constitutional validity of extending reservation to scheduled castes (SC) and scheduled tribes (ST) in Lok Sabha and the State Assemblies beyond the original 10 year period contemplated in the Constitution.
A five-judge Constitution bench of Chief Justice of India DY Chandrachud and Justices AS Bopanna, MM Sundresh, JB Pardiwala, and Manoj Misra said it will adjudicate the validity of the 104th Constitution Amendment Act 2019, which extended the political reservations for SC/STs by another 10 years.
The bench, however, clarified that it will not go into the validity of the previous extensions given for SC/ST reservations through earlier amendments.
“The validity of the 104th amendment shall be determined to the extent that it applies to the SCs and the STs since the reservations for Anglo Indians has come to an end after the expiration of 70 years from the commencement of the Constitution,” the bench said while posting the hearing of the case on November 21.
The top court said the common compilation of documents shall be filed on or before October 17 and written submissions shall be filed on or before November 7.
The apex court said the title of the proceedings shall be, “In Re: Article 334 of the Constitution”.
Senior advocate CA Sundaram, appearing for the petitioners, told the bench that the issue was whether the amendments extending periods of reservation violated the basic structure of the Constitution.
Article 334 of the Constitution mentions the special provision of reservation of seats for SC and ST, and the special representation of the Anglo-Indian community by nomination in the Lok Sabha and State Legislative Assemblies to cease after a certain period.
However, the provision was amended from time to time to extend the period of reservation by 10 years.
In the year 2000, some petitions were filed challenging the 79th Constitution Amendment Act, 1999, which extended the political reservations by another 10 years.
In 2003, a division bench of top court referred the matter to a five-judge Constitution bench. In 2009, the Parliament amended Article 334 and further extended the reservations for SCs/STs and Anglo-Indian communities by another 10 years.
On January 21, 2020, Parliament passed the 104th Constitution Amendment Act, 2019 and again extended reservations for SCs/STs. However, the 104th Amendment discontinued reservations for Anglo-Indians in the Lok Sabha and State Legislative Assemblies.
