Come up with fresh delimitation panel: SC to govt
New Delhi, November 23
The Supreme Court on Thursday directed the Centre to set up a fresh delimitation commission for ensuring a proportional representation of the Scheduled Castes (SCs) and Scheduled Tribes (STs) as mandated under the Constitution.
A three-judge Bench led by CJI DY Chandrachud, however, said it could not direct Parliament to amend or make laws for giving proper representation to communities that form part of such groups as it would amount to “venturing into the legislative domain”.
The top court made it clear that its order should not be misconstrued to interfere with the elections to Parliament or state Assemblies since elections were an overarching mandate which had to be carried out on time.
The order came on a petition filed by the Public Interest Committee for Scheduling Specific Areas seeking proportional representation of the Limbu and Tamang tribal communities in the Assemblies of Sikkim and West Bengal. It contended that the Limbu and Tamang communities — both belonging to the ST category — have been denied a proportionate representation in Sikkim and West Bengal.
The Bench said proportionate representation of communities in the West Bengal Assembly would require using the power under the Delimitation Act, 2002.
