CHEBROLU LEELA PRASAD RAO & ORS. versus STATE OF A.P. & ORS.

Citation: [2020] 6 S.C.R. 28 · Decided: 22-04-2020 · Supreme Court of India · Bench: ARUN MISHRA · Disposal: Appeal(s) allowed
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Judgment (excerpt)

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SUPREME COURT REPORTS
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CHEBROLU LEELA PRASAD RAO & ORS.
v.
STATE OF A.P. & ORS.
(Civil Appeal No. 3609 of 2002)
APRIL 22, 2020
[ARUN MISHRA, INDIRA BANERJEE, VINEET SARAN,
M. R. SHAH AND ANIRUDDHA BOSE, JJ.]
Constitution of India – Arts. 14, 15, 16(1), 16(4), 244 and
371 D; Para 5(1) of Schedule V – A.P. Education Act, 1982 – A.P.
Regulation of Reservation and Appointment to Public Services Act,
1997 – The G.O.Ms. No. 3/2000 issued by the erstwhile State of
Andhra Pradesh provided 100% reservation to the Scheduled Tribe
candidates for the post of teachers in the schools in the scheduled
areas in the State of Andhra Pradesh – Validity of – Held: G.O.Ms.
No. 3/2000 providing for 100% reservation is not permissible under
the Constitution, the outer limit is 50% as specified in Indra Sawhney
case – By providing 100% reservation to the scheduled tribe has
deprived the scheduled castes and other backward classes also of
their due representation – The concept of reservation is not
proportionate but adequate – The action is thus unreasonable and
violative of provisions of Arts. 14, 15 and 16 of the Constitution of
India – Consequently, G.O.Ms.No. 3/2000 is quashed.
Constitution of India – Para 5(1) of Schedule V – Scope of –
Held: The Governor in the exercise of powers under para 5(1) of
Schedule V of the Constitution, can exercise the powers concerning
any particular Act of the Parliament or the legislature of the State –
Para 5(1) of Schedule V confers power upon the Governor to
exclude law, which is applicable in a Scheduled area – It also
empowers the Governor to apply the same with exceptions and
modifications as he deems fit – However, no new law can be
formulated while exercising power under para 5(1) of Schedule V
– The power of modification cannot extend to re-writing the entire
statute.
Constitution of India – Para 5(1) of Schedule V and Art. 309
– A.P. State and Subordinate Service Rules, 1996 – rr. 22, 22 A –
G.O.Ms. No. 3/2000 issued by the erstwhile State of Andhra Pradesh
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provided 100% reservation to the Scheduled Tribe candidates for
the post of teachers in the schools in the scheduled areas – The
G.O.Ms. No. 3/2000, inter alia, refers to the Rules, 1996 and the
said rules have been framed under proviso to Art. 309 of the
Constitution – The rules 22 and 22 A framed u/Art.309 were amended
– Held: The power of the Governor under Para 5(1) of Schedule V
of the Constitution is restricted to modifying or not to apply, Acts of
the Parliament or legislature of the State – Thus, the rules could not
have been amended in the exercise of the powers conferred under
Para 5(1) Schedule V – The rules made under the proviso to Art.
309 of the Constitution cannot be said to be an enactment by the
State legislature – Thus, it was not open to the Governor to issue
the impugned G.O.Ms. No. 3/2000.
Constitution of India – Para 5(1) of Schedule V – Power of
Governor extend to subordinate legislation or not – Held: The power
of the Governor under Para 5(1), Fifth Schedule to the Constitution
does not extend to subordinate legislation, it is with respect to an
Act enacted in the sovereign function by the Parliament or legislature
of the State which can be dealt with.
Constitution of India – Para 5(1) of Schedule V – Can exercise
of the power conferred in para 5(1) of the fifth Schedule override
fundamental rights guaranteed under Part-III – Held: The power
of the Governor does not supersede the fundamental rights under
part-III of the Constitution – When Para 5 of the fifth Schedule
confers power on the Governor, it is not meant to be conferral of
arbitrary power – The power is not in derogation but the furtherance
of the Constitutional aims and objectives.
Constitution of India – Para 5(1) of Schedule V – Effect of
the non-obstante clause – Held: The provision of the fifth Schedule
beginning with the words “notwithstanding anything in this
constitution” cannot be construed as taking away the provision
outside the limitation on the amending power and has to be
harmoniously construed consistent with the fundamental principles
and basic features of the Constitution.
Constitution of India – Para 5(1) of Schedule V – Whether
there is any conflict between the Presidential order and G.O.Ms.
No. 3/2000 issued under the order of the Governor under para
CHEBROLU LEELA PRASAD RAO & ORS. v.
STATE OF A.P. & ORS.
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