SC Reservation In Tribal Area – Supreme Court Judgement

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A five-judge Constitution Bench of the Supreme Court ruled on 22^ndApril 2020 that 100% reservation for teachers from Scheduled Tribes category at schools in scheduled areas was constitutionally invalid.
What was the matter?
In January 2000, an order was passed by the then governor of erstwhile Andhra Pradesh providing 100% reservation to tribal candidates in teacher posts in ‘scheduled area’.
The Governor of then undivided Andhra Pradesh had cited Schedule V of the Constitution to pass the government

Reason for bringing the rule

to promote educational development of Tribals,
to solve the phenomenal absenteeism of Teachers in the Schools situated in Scheduled Areas and
with a view to protect the interests of local tribals

Schedule V – Administration of Scheduled Areas in states other than Assam, Meghalaya, Tripura and Mizoram.
Schedule VI – protects tribal interests in those four states (Assam, Meghalaya, Tripura and Mizoram) excluded in the Fifth Schedule
In Scheduled Areas declared so under the Fifth Schedule, the governor of the state has special responsibilities with respect to tribal populations in the area including issuing
directives to the state government and limiting the effect of acts of the central or state legislature on the Schedule Area.

The Governor of each State having Scheduled Areas (SA) shall annually, or whenever so required by the President, make a report to the President regarding the administration of Scheduled Areas in that State.
The Union Government shall have executive powers to give directions to the States as to the administration of the Scheduled Areas.
Fifth Schedule provides for establishment of a Tribes Advisory Council (TAC) in any State having Scheduled Areas.
The Governor may, by public notification, direct that any particular Act of Parliament or of the Legislature of the State shall or shall not apply to a SA or any part thereof in the State, subject to such exceptions and modifications, as specified
Paragraph 5(1) of Schedule V empowers the Governor to issue a notification directing that any central or state law may not apply to a scheduled area or shall apply to the area with modifications and exemptions.
The then Andhra Pradesh Governor had cited this provision.

AP Regulation of Reservation and Appointment to Public Services Act 1997, which deals with reservation in public services in the State.
Andhra Pradesh State and Subordinate Service Rules 1996, which provides for 6 % reservation for Scheduled Tribes in the State
This order was set aside by the Andhra Pradesh Administrative
Tribunal, but later upheld by the Andhra Pradesh High Court.
The Supreme court held that creation of 100 % reservation through the government order was akin to making a new law
Schedule V only allows the Governor to not apply or apply a law to a scheduled area with modifications.
It does not allow the Governor to make a new law altogether.
The court held 100 per cent reservation unconstitutional as it was “discriminatory” against not just ‘open’ category candidates, but also against Scheduled Castes and Other Backward Classes.
“It is an obnoxious idea that only tribals should teach the tribals. When there are other local residents, why they cannot teach is not understandable.”

The Supreme court said the order was “arbitrary” and not permissible under the Constitution.
It also imposed a penalty of Rs 5 lakh on the Andhra Pradesh and Telangana governments and sought an explanation for surpassing the 50% ceiling on quotas.
1992 judgement of Indra Sawhney vs Union Of India, which reinforced the 50% ceiling on quotas
The courts have in the past asserted that the 50% limit is essential to protect equality. This was because, the courts have argued, when reservations cross 50%, it upsets the balance between the reserved and the unreserved categories, thereby having an impact on the promise of equality guaranteed under the Constitution.
According to the 1992 verdict, to exceed the 50% cap, there must be a special case.
There were no such extraordinary circumstances to provide a 100% reservation in scheduled areas in this case, acc to SC.

KOLAMS: Largest PvTG Community with 0.44 lakhs population, spread across Adilabad, Asifabad and Mancheriyal districts. Their main occupation is Basketry and Bamboo craft. Their traditional festivals are Bheemanna jatara and Laxmidevara Jatara.
CHENCHUS: Nallamalla Forests, with a population of 0.16 lakhs. Their main occupation is foraging, Honey gathering, Hunting and fishing. Their traditional festivals include Saleshwaram and Bhourapur Jataras.
THOTI: Adilabad Tract. They are dependant community on Gonds. Their traditional occupation is Barding, Body art, Tattooing.
KONDA REDDIS: Their main occupation is bamboo craft. Their important festivals are Mamidi Kothapanduga.