The recent Supreme Court hearing has brought to light the issue of Andhra Pradesh government’s decision in 1988, which granted full, 100% reservation to Scheduled Tribes (STs) for teaching posts in Scheduled Areas. This article aims to break down the case, providing details about amended laws and explaining different perspectives.
Dissecting The Full Reservation Issue
The Supreme Court critically assessed the decision concerning 100% reservation for STs, as it pointed out that this provision could potentially exclude other backward communities, including Scheduled Castes (SCs) and Other Backward Classes (OBCs), from benefiting from reservation provisions. It must be noted that this notification of complete reservation had been issued by the then-governor of Andhra Pradesh.
The Role of the Governor
In regard to the administration of Scheduled Areas, the Fifth Schedule of the Indian Constitution grants legislative and administrative powers to the Governor. Yet, this proposal raised questions about the data basis upon which the Governor concluded that STs were the only underprivileged group in that region.
Legal Grounds & Constitutional Provisions
Article 16 (4) of the Constitution permits the state to reserve appointments or posts for any backward class of citizens insufficiently represented in the state services, according to state opinion. Nevertheless, the apex court stated that the Governor’s actions can’t supersede the law. This opinion aligns with the 1992 Indira Sawhney case judgment stating that reservation limits should not exceed 50%, barring rare circumstances.
Understanding The Fifth Schedule of the Indian Constitution
The Fifth Schedule covers the governance and control of scheduled areas and tribes within all states except Assam, Meghalaya, Tripura, and Mizoram. These areas are distinguished because they are mainly populated by ‘aboriginals,’ who are socio-economically disadvantaged and require significant aid to advance.
Declaration and Administration of Scheduled Areas
The President is authorized to declare an area as a scheduled area and can modify its area or boundaries after consulting with the state’s governor. The state’s executive power extends to these areas, but the governor holds special responsibility over them. A report on their administration must be submitted to the President annually, or when requested.
Establishment of Tribes Advisory Council
States with scheduled areas are required to establish a tribes advisory council to advise on the welfare and advancement of scheduled tribes.
The Governor’s Power in Scheduled Areas
The Governor has the power to dictate whether any act of Parliament or the state legislature applies to a scheduled area. Regulations for peace and good governance can also be established following consultation with the tribes advisory council. Although, all such regulations necessitate the President’s assent.