L R NAIK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are members of Scheduled Castes. Through this petition, they have challenged the constitutional validity of Section 4 and in particular : (a) proviso to Ex-planaiton to Section (4)(1) of the Karnataka Zilla Parishads, Taluk Panchayat Samithis, Mandal Panchayat and Nyaya Panchayat Act, 1983, (Act 20/1985)(hereinafter referred to a 'the principal Act') as amended by the Karnataka Zilla Parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats (Amendment) Act, 1986 (Act 3/1986) (to be referred to as the 'Amendment Act') and ; (b) proviso to Section 3(2) of the Amendment Act and the corresponding like provisos in Sections 140 and 141 of the Principal Act.

(2.) For facility of reference, it would be appropriate to know the relevant provisions of the Principal Act and the said provisions after the amendment. They read as under :

(3.) In the petition, the petitioners have impugned the provisions of the amendment Act on the ground that the same violate basic structure of the Constitution as well as the provisions or Article 14. To substantiate the aforesaid ground, it is averred in the petition that guarantee is provided under the Constitution to the Scheduled Castes and Scheduled Tribes that they shall be given proper reservation in all representative institutions and public service or office; that by the amendment Act reservation is denied to the Scheduled Castes and Scheduled Tribes to which they would be entitled to by virtue of the Scheduled Castes & Scheduled Tribes Orders (Amendment Act 1976) (Central Act 108 of 1976) (in short the Central Act), and that the effect of the impugned amendment is that those Scheduled Castes and Scheduled Tribes which have been specified under Central Act 108 of 1976 will be ignored for the purpose of determining the number of reserved seats.