VIRENDRA PRATAP Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by one Mr. Virendra Pratap and Mr. Pyarelal, purportedly in public interest, to secure the rights of the Scheduled Tribes, who have been deprived of their constitutional rights of proportional representation under Articles 332, 330 and 243D of the Constitution of India and to prevent violation of the fundamental rights of the Scheduled Tribes.

(2.) The Petitioners also claim to be public-spirited citizens, who have for the past several years been actively pursuing the cause of protecting the constitutional rights of the Scheduled Tribes and for securing their well-being.

(3.) Appearing in support of the writ petition, learned senior advocate, Mr. Narasimhan, submitted that by virtue of the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 2002 [Act No. 10 of 2003], passed by the Parliament, several castes, which had not been included in the list of Scheduled Tribes, were included as Scheduled Tribes by virtue of the said Act. Consequently, the population of the Scheduled Tribes increased considerably due to such inclusion in some of the constituencies, which had already been de-limited. However, despite inclusion of such castes as Scheduled Tribes, the Respondent No. 1, Union of India and the Respondent No. 2, the Election Commission of India, had failed to carry out their consequential constitutional obligations to reflect this change and to ensure proportional representation to the Scheduled Tribes under the aforesaid provisions of the Constitution.