Enhancement of Reservation for SCs & STs – RS Q&A

“Enhancement of SCs & STs Reservation – RS Q&A”

No proposal for enhancement of reservation for Scheduled Castes in proportion to their population has been received in this Ministry. The Ministry of Tribal Affairs has informed that they received “The Telangana Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of seats in Educational Institutions and of appointments or posts in the services under the State) Bill, 2017” through Ministry of Home Affairs for enhancement of reservations for Scheduled Tribes from existing 4% to 10% in the State for comments/views. The Ministry of Tribal Affairs has supported the proposal contained in theBill.

As per the 9 judge Constitutional Bench judgement of Hon’ble Supreme Court in India Sawhney case, total reservation cannot exceed the limit of 50% . Clause (4) of Article 16 of the Constitution of India, which empowers the State to provide reservation for Scheduled Castes, Scheduled Tribes & Other Backward Classes speaks of adequate representation and not proportionate representation.

This information was given by the Minister of State for Social Justice and Empowerment Shri Vijay Sampla in a written reply to a question in Rajya Sabha on 15.3.2018.