Analysis Of The Readjustment Of Representation Of Scheduled Tribes In Assembly Constituencies Of The State Of Goa Bill, 2024

Policy Update
Mohd Asif

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Background

The Readjustment of Representation of Scheduled Tribes in assembly constituencies of state of Goa Bill, 2024 passed in Lok Sabha in August 2024. This legislation would allow the census commissioner to confirm the ST population in Goa, enabling the Election Commission to revise constituency boundaries under the Delimitation Order of 2008 to allocate reserved seats.

A bill proposing reservation for Scheduled Tribes (STs) in the Goa Legislative Assembly. Currently, no seats are reserved for the ST community in the 40-member Goa assembly, though one seat (Pernem constituency) of Goa is reserved for Scheduled Castes. Election Commission will use updated ST population data to readjust constituencies for ST reservation. The ST community has called for four reserved seats, with Goa’s estimated ST population at 1.5 lakh. The Union Cabinet has approved the proposal in March, ahead of the Lok Sabha election schedule announcement.

Salient Features of the bill

The bill authorizes the Census Commissioner to determine Goa’s Scheduled Tribes population, incorporating tribes recognized after the 2001 Census.
The finalized population figures, once published in the Gazette of India, will replace all prior figures to ensure proportional representation under Article 332 of the Constitution (which reserves seats in state legislative assemblies for Scheduled Castes (SCs) and Scheduled Tribes (STs). The number of reserved seats should be roughly proportional to the population of SCs or STs in the state. The constituencies for these seats cannot include any area outside the district.)
The bill authorizes the Election Commission to amend the 2008 Delimitation Order, allowing constituency adjustments in Goa’s Legislative Assembly to ensure adequate representation for Scheduled Tribes in line with Articles 170 (deals with the composition of Legislative Assemblies in each state) and 332 of the Constitution and Section 8 of the Delimitation Act, 2002 (which deals with the readjustment of the number of seats in the House of the People and the Legislative Assemblies of the States and Union territories)
The Election Commission of India will set its own procedures for readjusting Legislative Assembly constituencies and will have specific civil court powers to do so. The bill authorizes the ECI to publish Delimitation Order amendments and their effective dates in the Gazette, with changes only applying after the current Assembly’s dissolution. It also allows the Commission to correct any errors in the Delimitation Order.

Implications

The Readjustment of Representation of Scheduled Tribes in Assembly Constituencies of the State of Goa Bill, 2024 is expected to bring several notable outcomes. First, by enabling proportional representation, it seeks to strengthen the voice of Scheduled Tribes in Goa’s Legislative Assembly, fostering increased advocacy for tribal rights and development. Adjustments to constituency boundaries based on current population figures aim to correct historical imbalances, making electoral districts more representative of Goa’s demographics.

Additionally, the bill grants the Election Commission greater control over the delimitation process, including certain civil court powers, allowing for more independent and efficient redistricting with minimal outside interference. The bill’s alignment with Articles 170 and 332 of the Constitution ensures it upholds equitable representation standards, thereby keeping Goa’s electoral policies consistent with constitutional principles.

Further, by stipulating those changes in the Delimitation Order only take effect after the current Assembly’s dissolution, the bill promotes a stable transition, preventing disruption to ongoing governance. Recognizing tribes identified after 2001, it acknowledges Goa’s shifting demographics, promoting inclusivity and addressing prior exclusions. Finally, the publication of finalized ST population figures in the Gazette will serve as a reliable foundation for future policy-making, resource allocation, and welfare initiatives for tribal communities.

Challenges

Collecting accurate and detailed population data, especially from remote communities, poses a challenge. Any gaps or errors in this data could compromise the fairness of the redistricting process and spark debates over representation.
Adjusting constituencies to enhance tribal representation might also meet resistance from other groups who feel that their own influence is being reduced, potentially leading to political or public opposition.
To effectively manage the bill’s requirements, the Election Commission and Census Commissioner may need additional funding, training, and personnel to handle the increased complexity of their roles.
The redistricting process could face legal objections, managing these conflicts will demand strict adherence to legal protocols and a well-prepared administrative framework. Ensuring the bill’s implementation does not upset Goa’s current political balance is equally important, as redistricting could shift power dynamics and present challenges to stability during this period of transition.

Way forward

For effective implementation of the Readjustment of Representation of Scheduled Tribes in Assembly Constituencies of the State of Goa Bill, 2024, several steps could be taken. First, the Census Commissioner should develop a reliable and transparent system to accurately count the Scheduled Tribes population, particularly for tribes recognized after 2001. This would ensure confidence in the final population figures published in the Gazette.

Additionally, the Election Commission could set forth clear procedural guidelines for redistricting, potentially including public consultations to enhance transparency and reduce disputes, aligning constituency adjustments with stakeholder interests. Raising awareness in tribal communities about the bill’s provisions can foster understanding and encourage participation, empowering tribal voters. Introducing a system for periodic reviews of constituency boundaries, based on population shifts and socio-economic changes, would keep representation equitable over time.

Equipping officials involved in redistricting with specialized training would also help them effectively manage the new responsibilities and reduce procedural errors. Creating a monitoring or grievance redressal body could provide a channel for addressing community concerns during implementation, promoting a fairer adjustment process. Additionally, close collaboration with state and local authorities can help facilitate seamless redistricting with minimal disruption to governance. Finally, tracking the bill’s long-term impact on tribal representation in the Assembly would allow for informed adjustments to meet evolving demographic needs.

Conclusion

The bill aims to correct long-standing imbalances in constituency boundaries, bringing Goa’s electoral districts in line with current demographics. This change could open up greater political participation for marginalized communities, giving them a stronger voice. However, to achieve these goals, the bill’s implementation will need careful planning, clear and open procedures, and genuine engagement with all stakeholders to address any challenges that arise. With a focus on fairness and inclusivity, this bill has the potential to create a more representative and responsive governance system, setting the stage for lasting socio-political equity in Goa’s Assembly.