Law & Justice
Bombay High Court Blocks Goa ST Population Notification, Pausing Reserved Seat Allocation
The Bombay High Court in Goa has restrained the Census Commissioner from issuing a notification of the estimated Scheduled Tribes (ST) population in the state. The interim order is likely to halt the process of reserving four seats for STs in the upcoming Legislative Assembly elections. The decision follows a challenge by Edwin Lucio Fernandes to the Readjustment of Representation of Scheduled Tribes in Assembly Constituencies of the State of Goa Act, 2025, which he argues is unconstitutional. The Act, enacted in August 2025 and brought into force in August 2026, allows reservation for STs in the Assembly and requires the Census Commissioner to ascertain or estimate the ST population based on the last Census. Fernandes contended that the Act bars readjustment of reserved seats until the first census after 2026 is completed. His counsel noted that a notification of estimated figures would be final and unchallengeable in court. Pravin Faldessai, Deputy Solicitor General of India, represented the Union Government and argued that Parliament enacted the Act specifically for Goa and brought it into force before the next Assembly election, slated for by February 2027, to enable the Election Commission of India to amend delimitation of constituencies. He said that since the 2027 Census was not yet complete, legislation was needed to allow the Election Commission to readjust seats based on the 2001 and 2011 censuses. The High Court observed that the only Census available for Article 170(3) was the 2001 Census, at which time the three new communities of Kunbi, Gauda and Velip had not been declared Scheduled Tribes. These communities were declared STs on January 8, 2023. Goa Chief Minister Pramod Sawant said the government remains committed to providing reservations for STs in the Goa Legislative Assembly and will pursue legal remedies to protect the interests of the ST community. In its interim order, a Division Bench of Justices Valmiki Menezes and Amit S Jamsandekar noted that the Census Commissioner had attempted to estimate the ST population based on the last Census and had recorded in a communication dated September 10, 2026, that it could not estimate the current population or any category, including ST, in Goa. The court found it surprising that the Commissioner, after admitting it could not estimate the figures, had recorded that it could be ‘reasonably presumed’ that 9.9 percent of the population, the proportion of the ST community, had remained constant since the 2001 Census. The court added that publishing a notification based on such presumptions would be contrary to Article 170(3), Article 332 of the Constitution and the requirements of the Act.
Frequently asked questions
What did the Bombay High Court order regarding Goa's ST population notification?
The court restrained the Census Commissioner from issuing a notification of the estimated Scheduled Tribes population in Goa, effectively pausing the reservation of four ST seats for the upcoming Legislative Assembly elections.
Why did Edwin Lucio Fernandes challenge the Readjustment of Representation of Scheduled Tribes Act, 2025?
He argued that the Act is unconstitutional because it allows reservation of ST seats before the first census after 2026 is completed, which he contends bars readjustment of reserved seats until that census.
What did the court find about the Census Commissioner’s estimate of ST population?
The court noted that the Commissioner could not estimate the current ST population, yet had recorded that 9.9 percent of Goa’s population could be reasonably presumed to have remained constant since the 2001 Census, which the court said was contrary to Article 170(3) and the Act.