SC Notices On PIL On Skewed Representation Of STs In LS, State Assemblies Of Bengal, Sikkim [Read Petition]

The Supreme Court on Friday issued notices to the Centre, Sikkim, West Bengal and the Election Commission on a PIL seeking proportional representation of the Scheduled Tribes in the Lok  Sabha and the respective legislative assemblies as per the mandate of Article 330 and 332 of the Constitution.

A bench headed by Chief Justice Dipak Misra issued the notices on a PIL filed on behalf of the Public Interest Committee for Scheduling Specific Areas (PICSSA).

The petitioner was represented by advocate Prashant Bhushan.

The PIL stated that Scheduled Tribes (STs) in Sikkim and West Bengal have been deprived of their guaranteed constitutional right of proportional representation in the Lok Sabha (House of the People) and legislative assemblies and despite the Election Commission conducting an exercise in this direction, there is no ST MLA from these regions and they continue to be unrepresented in the Tribal Advisory Council established under the Fifth Schedule and in such situation, it is not possible to think of their welfare.

It made specific mention of STs Limbu and Tamang which have been inserted as Scheduled Tribes for the two states.

Sikkim has a total ST population of 2.06 lakh as per the 2011 Census.

Of the total population of 91,347,736, West Bengal has total scheduled tribe population of 5,296,953, as per the 2011 Census.

“Rule 4 of the Part B in the Fifth Schedule of the Constitution of India, a Tribes Advisory Council is established in each State having Scheduled Areas and, if the President so directs, also in any State having Scheduled Tribes. Such Council shall consist of not more than twenty members of whom, as nearly as may be, three-fourths shall be the representatives of the Scheduled Tribes in the Legislative Assembly of the State. Such Council is responsible to advice on such matters pertaining to the welfare and advancement of the Scheduled Tribes in the State as may be referred to them by the Governor.

“In absence of such representation of the Scheduled Tribes Members in the Council, it is impossible to think of the welfare and advancement of the Scheduled Tribes in the State,” the PIL said.

In the Tribes Advisory Council (TAC) established in West Bengal, there is no elected member of the Scheduled Tribe from the three hill area sub-divisions of Darjeeling district. Moreover, the State Assembly elections in 2016 had no reserved ST seats.

The Delimitated Assembly seats in Darjeeling hills presently consist of elected non- Scheduled Tribe members.

“Considering the above stated constitutional mandate with the members of Scheduled Tribes, they have been denied their representation under Article 332 and 170 of the Constitution of India in the State Legislative Assembly due to inaction of the Respondents,” it alleged.