Article 332 of the Costitution of India with Case law

πŸ“œ Article 332 of the Constitution of India

Title: Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States

βœ… Full Text (Simplified):

Article 332(1):
Seats shall be reserved for the Scheduled Castes (SCs) and the Scheduled Tribes (STs) in the Legislative Assemblies of every State in proportion to their population in that State.

Key Highlights:

The number of reserved seats is based on the population of SCs/STs in each state, as per the latest census.

Reservation is only for State Legislative Assemblies, not for Legislative Councils or Parliament (which is covered under Articles 330 & 331).

STs in autonomous districts (especially in states like Assam) get special representation.

Delimitation Commission is responsible for allocating and adjusting reserved constituencies.

πŸ” Purpose of Article 332:

Ensure adequate political representation for SCs and STs in law-making bodies at the state level.

Promote inclusive governance by giving voice to historically marginalized communities.

βš–οΈ Important Case Laws on Article 332:

1. K. Krishna Murthy v. Union of India (2010)

Citation: (2010) 7 SCC 202
Facts: Concerned reservation of seats in local bodies and whether the same rationale applies to legislative assemblies.

Held:

Article 332 is distinct from provisions for local bodies.

Political reservations under Article 332 are meant for representation, not for proportionate empowerment like in local governance.

Upheld the validity of SC/ST reservations in legislative assemblies as affirmative action under Article 332.

2. R.C. Poudyal v. Union of India (1994)

Citation: AIR 1994 SC 858
Facts: Challenge regarding seat reservations in Sikkim’s legislature, including provisions for Bhutia-Lepcha and Scheduled Tribes.

Held:

Article 332 permits flexibility in representation based on special local conditions.

The Court upheld special provisions as valid under Article 332, acknowledging the unique demographic and political needs of regions like Sikkim.

3. State of Karnataka v. Union of India (1977)

Citation: AIR 1978 SC 68
Held:

Clarified that delimitation and allocation of reserved seats under Article 332 is non-justiciable (i.e., courts cannot interfere).

Emphasized the finality of the Delimitation Commission's decisions in fixing seat distribution.

🧠 Important Points:

FeatureDetails
Applies ToState Legislative Assemblies
BeneficiariesScheduled Castes & Scheduled Tribes
Basis for ReservationProportion to population (latest census)
Responsible BodyDelimitation Commission
Judicial ReviewLimited (in matters of number/delimitation)
ExpirationInitially for 10 years (Article 334) – extended repeatedly by constitutional amendments

πŸ” Related Articles:

ArticleSubject
330Reservation of seats for SCs/STs in the Lok Sabha
331Representation of the Anglo-Indian community in the Lok Sabha (now repealed)
334Originally limited SC/ST reservation to 10 years – now extended until 2030 via the 104th Amendment
338 & 338ANational Commissions for SCs and STs respectively

πŸ“š Summary Table:

TopicDetails
Article332
SubjectSC/ST Reservation in State Legislative Assemblies
Constitutional BasisAffirmative Action for Political Representation
Implemented ThroughDelimitation based on Census
Key CasesK. Krishna Murthy (2010), R.C. Poudyal (1994), State of Karnataka (1977)
Reservation End Date?Extended periodically via constitutional amendments

 

LEAVE A COMMENT

0 comments