Reservation Applicable in Either of States after Division: SC

• 21 Aug 2021

Why in News

Recently, the Supreme Court (SC) has ruled that a person belonging to a reserved category in an undivided state is entitled to claim benefit of reservation in either of the successor States.

• The ruling came after a resident (Scheduled Caste) of Jharkhand, filed an appeal against the High Court order denying him appointment in state civil service examination of 2007 on the ground that his address proof showed that he was a permanent resident of Patna, Bihar.
• Under the Bihar Reorganisation Act, 2000 passed by the parliament a new state, Jharkhand was created from a portion of Bihar.
  
  • Article 3 empowers the Parliament to make law relating to the formation of new states and alteration of existing states.

Key Points

• Reservation:
  
  • The SC has ruled that a person belonging to a reserved category is entitled to claim benefit of reservation in either of the successor States of Bihar or Jharkhand.
  • However he/she cannot claim benefit of the quota simultaneously in both the successor States upon their reorganisation in November, 2000. As it will defeat the mandate of Articles 341(1) and 342(1) of the Constitution.
    
    • Article 341: The President may with respect to any State or Union territory, and where it is a State after consultation with the Governor thereof, by public notification, specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of this Constitution be deemed to be Scheduled Castes in relation to that State or Union territory, as the case may be.
    • Article 342: The President may with respect to any State or Union territory, and where it is a State, after consultation with the Governor thereof, by public notification, specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purposes of this Constitution be deemed to be Scheduled Tribes(ST) in relation to that State or Union territory, as the case may be
• Other State Migrants:
  
  • Members of the reserved category, who are residents of the successor State of Bihar, while participating in open selection in Jharkhand shall be treated to be migrants and they can participate in the general category without claiming the benefit of reservation and vice-versa.

Constitutional Provisions Governing Reservation in India

• Part XVI deals with reservation of SC and ST in Central and State legislatures.
• Article 15(4) and 16(4) of the Constitution enabled the State and Central Governments to reserve seats in government services for the members of the SC and ST.
• The Constitution was amended by the Constitution (77^th Amendment) Act, 1995 and a new clause (4A) was inserted in Article 16 to enable the government to provide reservation in promotion.
• Later, clause (4A) was modified by the Constitution (85^th Amendment) Act, 2001 to provide consequential seniority to SC and ST candidates promoted by giving reservation.
• Constitutional 81^st Amendment Act, 2000 inserted Article 16 (4 B) which enables the state to fill the unfilled vacancies of a year which are reserved for SCs/STs in the succeeding year, thereby nullifying the ceiling of fifty percent reservation on total number of vacancies of that year.
• Article 330 and 332 provides for specific representation through reservation of seats for SCs and STs in the Parliament and in the State Legislative Assemblies respectively.
• Article 243D provides reservation of seats for SCs and STs in every Panchayat.
• Article 233T provides reservation of seats for SCs and STs in every Municipality.
• Article 335 of the constitution says that the claims of STs and STs shall be taken into consideration constituently with the maintenance of efficacy of the administration.
• The 103^rd Constitution Amendment Act, 2019, empowered both Centre and the states to provide 10% reservation to the EWS (Economically Weaker Section) category of society in government jobs and education institutions.

Source: IE