SUBRATA ACHARJEE AND ORS. versus UNION OF INDIA AND ANR.

Citation: [2002] 1 S.C.R. 888 · Decided: 07-02-2002 · Supreme Court of India · Bench: S.P. BHARUCHA · Disposal: Dismissed

Judgment (excerpt)

A 
SUBRATA ACHARJEE AND ORS. 
v. 
UNION OF INDIA AND ANR. 
FEBRUARY 7, 2002 
B [S.P. BHARUCHA, C.J., SYED SHAH MOHAMMED QUADRI, UMESH 
C. BANERJEE, S.N. VARIAVA AND SHIVARAJ V. PATIL, JJ.] 
Constitution of India, 1950: 
C 
Article 332(3B)-Constitutiional Validity of-Reservation for Scheduled 
Tribes in legislative assembly of Tripura on the basis of existing number of 
members belonging to Scheduled Tribes in the Assembly-Provision transient 
in nature-Reservation challenged being not proportionate to population--
Held, not violative of any of the constitutional mandate-Temporary measures 
D shall have to be taken for social goal and for the benefit of the country as 
deemed expedient- Proportionality though mainly dependent upon the basis 
of population, cannot always be done with arithmetical precision and 
mathematical nicety-Representation of People Act, 1950-Section 7(/C). 
Articles 82 and 170. · Readjustment of seats in Lok Sabha and legislative 
E Assembly- Nature of -Held, are enabling provisions for adjustment of seats 
in accordance with the need of situation. 
Words and Phrases: 
Expression "Parliament may by law determine"-Meaning of-In the 
F context of Articles 82 and 170(3) of the Constitution of India, 1950. 
In the Legislative Assembly of State of Tripura, 17 Seats were reserved 
for Scheduled Tribes and 3 open seats were also held by members of Scheduled 
Tribes. There was demand for reservation of 20 seats for Scheduled Tribes 
which was agreed to in Memorandum of Settlement between Central 
G Government and State of Trlpura and hence by Constitution (72nd 
Amendment) Act, 1992 sub-Article (3B) In Article 332 of the Constitution of 
India, 1950 was Inserted w.e.f. 5.12.1992, which provided reservation ofseats 
for Scheduled Tribes in the Legislative Assembly of Tripura on the basis of 
proportion of the number of members belonging to the Scheduled Tribes in 
H the Legislative Assembly of Tripura in. existence on the date of commencement 
8'88 
-
, 
SUBRA TA ACHARJEE v. U.0.1. 
889 
of the 72nd Constitution Amendment, until readjustment under Article 170 A 
of the Constitution on the basis of census after year 2000. In order to affectuate 
72nd Amendment, Representation of People Act, 1950 was amended by Act 
No. 38of1992 whereby new sub-section (IC) was inserted to Section 7. 
Appellants challenged the constitutional validity of the 72nd Amendment 
on the ground that it negated the proportional reservation on the basis of B 
population based representation embodied in sub-Articles (3) of Article 332; 
and that the same violated Articles 82 and 170(3) of the Constitution; and 
since 72nd Amendment as well as Amendment in Representation of People 
Act were passed hurriedly so as to make the enforcement of both the 
provisions commencing from 5.12.1992, the same was malafide. 
C 
It was contended by the respondents that insertion of sub-Article (3B) 
to Article 332 was in implementation of the Memorandum of Settlement and 
thus, for the benefit of the people of the State without offending any 
constitutional provisions. 
Dismissing the petition, the Court 
D 
HELD : l. The Constitution (Seventy Second Amendment) Act, 1992 
does not violate any of the constitutional mandate. The expression, 'Parliament 
may by law determine' in Articles 82 and 170 ought to be attributed its proper 
meaning and upon consideration of the words used and the meanings to be E 
attributed thereon, the amendment cannot be held unconstitutional by reason 
of the transient nature of incorporation since Article 332(3B) specifically refers 
to until the readjustment on the basis of first census after the year 2000. No 
exception can be taken for incorporation of such a transient provision : 
Temporary measures shall have to be taken for social goal and for the benefit 
of the country as deemed expedient Parliament is the authority to understand F 
and appreciate the need of the situation and in its wisdom has incorporated 
the amendment as envisaged in Article 332(3B). Thus, it can neither be said 
to be violative of nor be said to be even of infraction of any constitutional 
mandate. It is to bring forth and continue with the object of the Constitution 
social, economic and political justice of the people of India. [895-0..G) 
G 
2. The authorls:ltlon as contained In Articles 82 and 170 stands out to 
In am enabling provl!llon for lncorporntlng sub-Article (3B) under Article 332. 
Proportionality thoup,h mainly dependent upon th

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