'Can't interfere in norms for SC/ST seats in house'NEW DELHI: Refusing to blur the constitutional 'Lakshman Rekha' that separates the three organs of governance, Supreme Court Wednesday said it cannot usurp legislature's exclusive powers to interfere in the criteria for reserving an assembly or parliamentary constituency for Scheduled Castes or Scheduled Tribes."We cannot become the third chamber of Parliament," a bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana said while refusing to entertain a petition seeking quashing of a notification reserving Kadipur assembly constituency in UP for SCs.The CJI-led bench said identification of constituencies to reserve them for SCs or STs was the sole prerogative of the legislature and the court could not interfere in it, and suggested the petitioner could resort to protests to make elected representatives take corrective measures.The bench, which has been dealing with a large number of petitions on CJP protests, said in a lighter vein, "It is a good season for protest, dharna and 'naare baji'. You can also raise your voice (in protest) and tell the elected representatives that…
Supreme Court says it cannot interfere in criteria for SC/ST reserved constituencies
In short
The bench delivered the ruling while dismissing a legal challenge against the continued reservation of Uttar Pradesh's Kadipur assembly seat for Scheduled Castes. The petitioner had argued under the Delimitation Act of 2002 that seats should not remain permanently reserved without a system of periodic rotation. In response, the court affirmed that the judiciary cannot tweak delimitation guidelines and suggested the petitioner petition elected representatives instead. The justices also upheld an earlier Allahabad High Court finding on the matter.
Key points
- Delimitation is strictly a legislative function whose guidelines cannot be altered or man…: Delimitation is strictly a legislative function whose guidelines cannot be altered or managed by the judiciary.
- General category candidates cannot claim their right to contest elections is violated bec…: General category candidates cannot claim their right to contest elections is violated because Articles 330 and 332 constitutionally mandate SC and ST reservations.
- The Supreme Court agreed with a previous decision delivered by the Allahabad High Court o…: The Supreme Court agreed with a previous decision delivered by the Allahabad High Court on the reservation issue.