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february 2002

Supreme Court of India · 2002-02-07

SUBRATA ACHARJEE vs UNION OF INDIA

Citation / case number
SC 1993/63260
Court
Supreme Court of India
Petitioner
SUBRATA ACHARJEE
Respondent
UNION OF INDIA
Author
BHARUCHA, S.P. (),QUADRI, S.S.M. ,BANERJEE, U.C. ,VARIAVA, S.N. ,PATIL, S.V.
Bench
BHARUCHA, S.P. (CJI),QUADRI, S.S.M. ,BANERJEE, U.C. ,VARIAVA, S.N. ,PATIL, S.V.

Judgment text excerpt

The Supreme Court examined the constitutional validity of the Constitution (72nd Amendment) Act, 1992, particularly the introduction of sub-Article (3B) to Article 332, which alters the basis for reservation of seats for Scheduled Tribes in the Tripura Legislative Assembly. The Court held that this amendment contravenes the principle of proportional representation based on population, as mandated by sub-Article (3). Consequently, the Court ruled that the amendment is unconstitutional, affirming the necessity of maintaining population-based representation for Scheduled Castes and Scheduled Tribes in legislative assemblies.

SUBRATA ACHARJEE vs UNION OF INDIA · Niyam