Goemkarponn desk
SANGUEM: Sanguem constituency MLA Prasad Gaonkar wrote to the Higher Authorities about Non- Implementation of reservation for Schedule Tribe candidates for Goa State Assembly Elections as prescribed under Article 332 of the Constitution of India, Section 9 of the Delimitation Act, 2002, and Section 17 of the Goa, Daman and Diu Reorganisation Act, 1987.
The letter was a representation from the members who belonged to the Schedule Tribe community from various constituencies in the State of Goa and had time and again has raised issues pertaining to the injustices meted out to the Schedule Tribe community and have actively fought for their rights enshrined in the Constitution of India.
“There has been complete disregard of the constitutional provisions for Goa State Legislative Assembly Elections under Part XVI of the Constitution of India, pertaining to “the special provisions relating to certain classes and more particularly with respect to Article 332 which mandates reservations for Schedule Caste and Schedule Tribe candidates in the State Legislative Assembly. As far as the Schedule Caste communities are concerned, though much lower in concentration as compared to the Schedule Tribe population within the State, reservation by way of proportional representation has been implemented as mandated under Article 332 of the Constitution of India and one seat out of the forty seats has been reserved for Schedule Caste Candidate vide the Delimitation of Parliamentary and Assembly Constituencies Order, 2008. However, the Schedule Tribe communities have been completely deprived of their constitutional rights of proportional representation under Article 332 of the Constitution of India since there never was any reservation of seats for the Schedule Tribe candidates for assembly elections in the State of Goa.” Mentioned Gaonkar.
“Is it mentioned in the constitution that ‘The seats shall be reserved for Schedule Caste and Schedule Tribes, in the Legislative assembly of every State’, That the reservation mandated under Article 332 has been implemented in majority of the States across India for Schedule Tribe as well as Schedule Caste candidates in proportion to their population under Delimitation of Parliamentary,” wrote Gaonkar.
That vide the 1976 Order, one seat (Pernem) out of the then thirty constituency seats were reserved for Schedule Caste candidates in Goa. That vide the 2008 Order, one seat (Pernem) out of the forty constituency seats were reserved for Schedule Caste candidate in the State of Goa.
“Section 17 of the Goa, Daman and Diu Reorganisation Act, 1987 (“said Act”), the Election Commission was bound to delimit the constituencies having regard to the Constitutional provisions, under Section 17(1)(b) of the said Act, the Election Commission was bound to implement reservations for Schedule Caste and Schedule Tribe where the proportion of their population to the total population is the largest, Similarly, under Section 9(1)(d) of the Delimitation Act, 2002, seats for Schedule Tribes are to be reserved in the constituencies in which the percentage of their population to the total population is the largest. Therefore, the constituencies to be reserved for Schedule Tribes will be those where the percentage of the Schedule Tribe population is the largest, in descending order equal to the number of constituencies to be reserved for the Schedule Tribes. Needless to state, despite the significant larger population of Schedule Tribes in the State of Goa, especially higher concentrations in the Sanguem (39), Quepem (36), Nuvem (28), and Priol (20) constituencies in terms of the 2011 census, the Schedule Tribe population has been deprived of their reservations in State Assembly seats as mandated under Article 332 of the Constitution of India, Section 9 of the Delimitation Act, 2002, and Section 17 of the said Act” informed Gaonkar.
“The Department of Social Welfare in the State of Goa has prescribed a 2% reservation for Schedule Caste candidates and 12% reservation for the Schedule Tribe candidates in proportion to the total population of the State which portrays the larger concentration of Schedule Tribe population in the State of Goa. Therefore, there has been complete disregard to the object under Article 332 which is clearly to give representation in the State Legislature to the Scheduled Tribe candidates, considered to be deserving of such special protection” he added.
According to Gaonkar the purpose of the special protection is to ensure representation in the State Legislature to such tribes and castes which are deemed to require special efforts for their upliftment. So, it is mandatory and casts a constitutional obligation upon the Union of India, the Election Commission of India and the Delimitation Commission of India to reserve 12% of seats in the ensuing Goa State Assembly Elections for Schedule Tribe candidates, he mentioned.
Further he added that, as term of the present State Assembly comes to an end on 15.03.2022, the State Assembly elections will have to be conducted and the results will have to be declared before the expiry of the aforesaid term. Hence, it is imminent that the reservation for the Schedule Tribe candidates for the ensuing Goa State Assembly Elections be undertaken immediately and before the commencement of the election process.
“The several decisions of the Hon’ble Supreme Court and pursuant to the Constitutional mandate under Article 332, Section 9 of the Delimitation Act, 2002, and Section 17 of the Goa, Daman and Diu Reorganisation Act, 1987, the Union of India, the Election Commission of India as well as the Delimitation Commission of India are requested to immediately take the necessary steps for the proportional representation of the Scheduled Tribes in the ensuing Goa State Assembly Elections by identifying constituencies for reservation for Scheduled Tribes on account of their proportional representation in terms of Article 332 of the Constitution and Section 17 of the said Act” wrote Gaonkar.
“As Sanguem (39), Quepem (36), Nuvem (28), and Priol (20) constituencies have high concentration of Schedule Tribe population as compared to the total population of the State, it is mandatory that reservation for Schedule Tribe category be implemented for the aforesaid constituencies in the ensuing elections. It is hereby reiterated that conducting the forthcoming State Assembly Elections without the prescribed constitutional reservation for Schedule Tribe candidates would be unconstitutional I manifestly arbitrary as it has been for several decades” mentioned Gaonkar.
