Parliament Enacts Law for Readjustment of Scheduled Tribe Representation in Goa Assembly

Parliament has enacted The Readjustment of Representation of Scheduled Tribes in Assembly Constituencies of the State of Goa Act, 2025, which received presidential assent on August 13, 2025. This Act, designated as No. 21 of 2025, aims to facilitate the reservation of seats for Scheduled Tribes (STs) in the Legislative Assembly of Goa, aligning with Article 332 of the Constitution of India. The legislation was necessitated by the recent inclusion of certain communities in the list of Scheduled Tribes in Goa, which required a corresponding readjustment of assembly constituencies to ensure their effective democratic participation. The Act stipulates that it will come into force on a date to be appointed by the Central Government through a notification in the Official Gazette.

The new Act mandates the Census Commissioner to ascertain or estimate the population of Scheduled Tribes in Goa based on the last census. Crucially, if amendments to Scheduled Tribes Orders after the last census and up to the commencement date of this Act have altered the ST population, the Census Commissioner is tasked with estimating this varied population and its proportion to the total state population. These estimated figures, once notified in the Gazette of India by the Census Commissioner, will be considered final and beyond challenge in any court, replacing any previously published figures. Following this, a designated Commission is empowered to amend the Delimitation Order, taking into account Articles 170 and 332 of the Constitution, Section 8 of the Delimitation Act, and the provisions of this new Act, to ensure proper representation for the Scheduled Tribes. The Second Schedule to the Representation of the People Act, 1950, will be deemed amended accordingly. The Commission is required to publish its proposals for amendments in the Gazette of India and the Official Gazette of the State, invite objections and suggestions, hold public sittings for consideration, and then finalize the necessary amendments to the Delimitation Order. These amendments, upon publication in the Gazette of India, will acquire the force of law and cannot be questioned in any court, subsequently being laid before the House of the People and the Legislative Assembly of the State. The readjustment of seats will apply to all future elections to the Goa Assembly, superseding existing provisions in the Representation of the People Act, 1950, though it will not affect the composition of the existing Assembly until its dissolution. The Commission also holds powers akin to a civil court for summoning witnesses and requiring document production, and can correct printing mistakes or update the Delimitation Order in response to changes in district boundaries or names.

The legislative intent behind the Readjustment of Representation of Scheduled Tribes in Assembly Constituencies of the State of Goa Act, 2025, is to uphold the constitutional mandate for equitable representation and to address the demographic shifts resulting from the expansion of the Scheduled Tribes list in Goa. The earlier legal position, governed by Article 332 of the Constitution, provided for reservation of seats for Scheduled Tribes in State Legislative Assemblies, but the recent inclusion of new communities created a statutory gap, as the existing delimitation orders did not reflect these changes. The legislation provided: "An Act for enabling reservation of seats in accordance with article 332 of the Constitution for effective democratic participation of members of Scheduled Tribes and to provide for the readjustment of seats in the Legislative Assembly of the State of Goa, in so far as such readjustment is necessitated by inclusion of certain communities in the list of the Scheduled ribes in the State of Goa and for matters connected therewith or incidental thereto." This Act directly addresses this gap by establishing a clear mechanism for reassessing the ST population and subsequently redrawing constituency boundaries (delimitation) to ensure that the reserved seats accurately reflect the updated demographic reality. It amends the existing Delimitation Order and implicitly modifies the application of the Representation of the People Act, 1950, concerning representation in Goa. The enforcement mechanism involves a multi-stage process, beginning with the Census Commissioner's data collection, followed by the Delimitation Commission's detailed work, including public consultation, and culminating in the official notification of the revised constituency boundaries. The Act also includes a 'power to remove difficulties' clause, allowing the Central Government to issue orders for up to two years from the Act's commencement to resolve any implementation challenges, ensuring a smooth transition to the new representational framework.

Keywords: Goa, Scheduled Tribes, Assembly Constituencies, Delimitation, Representation, Article 332, Census Commissioner, Legislative Assembly, Election

Geo Tags: India, Goa District: Not Applicable