Central Idea

A Constitution Bench led by Chief Justice of India D.Y. Chandrachud is set to scrutinize the constitutional validity of repeatedly extending the reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Lok Sabha and State Legislative Assemblies.

Historical Context of Reservation

Original Intent: The Constituent Assembly, led by Dr. B.R. Ambedkar, initially envisioned reservation for SCs/STs for ten years from the commencement of the Indian Constitution in 1950.
Amendments to Article 334: Article 334 of the Constitution, addressing the duration of SC/ST and Anglo-Indian seat reservations, underwent multiple amendments. Each time, the deadline for ending the reservation was extended by approximately ten years.
The 2019 Amendment: The Constitution (104th Amendment) Act of 2019 abolished the reservation for the Anglo-Indian community and set the deadline to terminate SC/ST reservation in the Lok Sabha and State Legislative Assemblies for 2030. This extended the reservation period to 80 years from the Constitution’s adoption.

Key Question: The Constitution Bench will assess whether Parliament’s constituent power to amend Article 334 repeatedly, extending the SC/ST seat reservation, is constitutionally valid.
Limited Scope: The examination will focus solely on the 104th Constitution Amendment Act of 2019 concerning SC/ST communities and will not address the termination of the Anglo-Indian quota.
Impact of Continuous Reservations: The petitioner’s argument contends that persistent extensions of reservation restrict electoral choice by excluding members of other communities from contesting elections. This, they argue, infringes upon the fundamental right to equality under Article 14 of the Constitution.
Violation of Fundamental Right: The petition asserts that these recurrent extensions violate the basic structure of the Constitution by denying other communities the opportunity to contest in reserved seats, impinging upon their right to equal representation in government.

Union of India’s Stand: Represented by the Attorney General and Solicitor General, the Union of India contends that the 104th Constitution Amendment Act is constitutionally valid.

The Constitution Bench has scheduled the hearing.
This critical examination of SC/ST reservation extensions raises profound questions about constitutional principles and the right to equality in Indian democracy.