The Court was hearing a Public Interest Litigation (PIL) seeking proportionate representation of Scheduled Tribes in the legislative assemblies of West Bengal and Sikkim.
Disregarding the Centre’s argument that the Delimitation Commission cannot be constituted till the 2026 census is carried out, the Court said that Article 371(F) can be a route in respect of Sikkim. The Article provides special legal provisions in respect of Sikkim.
The Court also opined that there can be no doubt that the claim of Limbu and Tamang communities – which have been recognized as STs – for the grant of proportional representation has a constitutional basis.
In 2018, the Ministry of Home Affairs had initiated the exercise to increase seats in the Sikkim Legislative Assembly from 32 to 40 to provide reservations for the two tribes, the Court noted. However, it added that no action has been taken since.
Source: Barandbench
