Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Article 332(3B) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Allowed |
Headnote | Constitution of India, 1950: Article 332(3B)-Constitutiional Validity of-Reservation for Scheduled Tribes in legislative assembly of Tripura on the basis of existing number of members belonging to Scheduled Tribes in the Assembly-Provision transient in nature-Reservation challenged being not proportionate to population-- Held, not violative of any of the constitutional mandate-Temporary measures shall have to be taken for social goal and for the benefit of the country as deemed expedient- Proportionality though mainly dependent upon the basis of population, cannot always be done with arithmetical precision and mathematical nicety-Representation of People Act, 1950-Section 7(IC). Articles 82 and 170-Readjustment of seats in Lok Sabha and legislative Assembly- Nature of-Held, are enabling provisions for adjustment of seats in accordance with the need of situation. Words and Phrases: Expression "Parliament may by law determine"-Meaning of-In the context of Articles 82 and 170(3) of the Constitution of India, 1950.In the Legislative Assembly of State of Tripura, 17 Seats were reserved for Scheduled Tribes and 3 open seats were also held by members of Scheduled Tribes. There was demand for reservation of 20 seats for Scheduled Tribes which was agreed to in Memorandum of Settlement between Central Government and State of Tripura and hence by Constitution (72nd Amendment) Act, 1992 sub-Article (3B) In Article 332 of the Constitution of India, 1950 was inserted w.e.f. 5.12.1992, which provided reservation of seats for Scheduled Tribes in the Legislative Assembly of Tripura on the basis of proportion of the number of members belonging to the Scheduled Tribes in the Legislative Assembly of Tripura in existence on the date of commencement of the 72nd Constitution Amendment, until readjustment under Article 170A of the Constitution on the basis of census after year 2000. In order to affectuate 72nd Amendment, Representation of People Act, 1950 was amended by Act No. 38 of 1992 whereby new sub-section (1C) was inserted to Section 7. Appellants challenged the constitutional validity of the 72nd Amendment on the ground that it negated the proportional reservation on the basis of population based representation embodied in sub-Articles (3) of Article 332; and that the same violated Articles 82 and 170(3) of the Constitution; and since 72nd Amendment as well as Amendment in Representation of People Act were passed hurriedly so as to make the enforcement of both the provisions commencing from 5.12.1992, the same was malafide. It was contended by the respondents that insertion of sub-Article (3B) to Article 332 was in implementation of the Memorandum of Settlement and thus, for the benefit of the people of the State without offending any constitutional provisions. |
Judge | Hon'ble Mr. Justice U.C. Banerjee |
Neutral Citation | 2002 INSC 68 |
Petitioner | Subrata Acharjee And Ors. |
Respondent | Union Of India And Anr. |
SCR | [2002] 1 S.C.R. 888 |
Judgement Date | 2002-02-07 |
Case Number | 2 |
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