March 2013 News 6: ELECTION COMMISSION TO GET POWERS TO MODIFY LS, ASSEMBLY SC/ST SEATS

ELECTION COMMISSION TO GET POWERS TO MODIFY LS, ASSEMBLY SC/ST SEATS

The Union government has decided to grant poll watchdog-the Election Commission (EC)-powers to modify seats reserved for Scheduled Castes and Scheduled Tribes (SCs / STs) in the Lok Sabha and State assemblies.

MORE TEETH FOR"EC`

·        EC had told the apex court it does not have the powers to alter constituencies reserved for SCs and STs.

·        EC may be granted powers to make changes in reserved seats if it detects a change in the population of a caste.

·        A nationwide delimitation exercise will have to be conducted before the seat changes are made.

The EC will be empowered to make changes in the reserved seats if a change is detected in the population of a caste in a particular constituency.

It is learnt that the law ministry will seek the cabinet's approval for an ordinance soon, empowering the EC to determine if a particular constituency should be reserved for SC/ST candidates, or throw open to general Category.

The move comes after an EC statement before the Supreme Court stating that it could only alter SC/ST seats if a nationwide delimitation exercise were to be conducted.

Even though Parliament is not in session, the government has the power to bring an ordinance which will enjoy the force of law. However, both houses need to ratify the decision in the very next session, in this case the Budget session.

The matter came up after a group of castes in Uttar Pradesh had demanded that assembly seats be reserved for STs depending on their population.

The problem rose after the state government shifted

10 castes from SC to ST category.

“With the shifting of these castes, the number of communities arose from 5 to 15 under the ST fold, and their population went to 6.5 lakh from one lakh, justifying the demand for reserving at least three assembly seats for  STs," said an official.

The government has admitted that some new castes have been included in SC/ST categories in many states after the 2001 census, which was basis of delimitation of Lok Sabha and state assembly constituencies finalised in 2008.