VITHALDAS HEGDE
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PANJIM: The absence of a caste-based census in the 2001 Census could emerge as a key point of contention over the Centre’s move to provide political reservation for Scheduled Tribes (STs) communities in the Goa Legislative Assembly. This is despite Chief Minister Pramod Sawant’s assertion that the ST population to date will be considered by the Census Commissioner appointed by the Government of India.
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However, legal experts and political observers are questioning whether 25-year-old population data can form the basis for determining the constituencies to be reserved for STs after the Centre notified the implementation of the Readjustment of Representation of Scheduled Tribes in Assembly Constituencies of the State of Goa Act, 2025.
Critics argue that relying on such dated data could create serious legal and constitutional challenges, particularly given the demographic changes Goa has witnessed over the last quarter century. They contend that using 2001 figures for constituency-wise determination of the ST population could be challenged as arbitrary and contrary to the principle of equal representation.
The central issue is the stipulation in Section 2(e) of the Act, which provides for using the 2001 Census as the basis for estimating the ST population in Goa. According to former State Election Commissioner (SEC) Prabhakar Timble, this stipulation is a material flaw.
“This stipulation of using 25-year-old Census figures tends to violate the law, the constitution, and the principle of equal representation,” Timble said. He warned that if the Act is challenged in court, it could be set aside rendering the notification issued on August 6, 2026, a nullity. He argued that the Government of India will have to move an amendment to Section 2(e) of the Act in Parliament for it to stand valid.
Additionally, Timble noted that the procedural formalities required before the Election Commission of India (ECI) promulgates the notification would likely delay the specific ECI order past the 2027 Assembly elections, pushing the actual implementation to the 2032 elections.
The laid-down procedure requires the Census Commissioner to first notify the population figures in the Gazette of India. Following publication, the ECI must amend the Delimitation of Constituencies Order of 2008 for Goa, publish the proposals to invite objections, hold public sittings in the State, and lay the final amendments before the Lok Sabha and the State Legislative Assembly.
Former Chief Minister Prof Laxmikant Parsekar also questioned the use of the 2001 Census data. He noted that since no previous census in India was based on caste, and the Union Cabinet has decided to include caste enumeration for the first time in the upcoming Census 2027, relying on 2001 data might fail the test of law.
Parsekar, who served as an associate member of the Delimitation Commission of India for the 2012 elections, added that a Delimitation Commission cannot be constituted for a single State unless Parliament amends the existing legal framework.
Conversely, former Margao MLA Adv Uday Bhembre stated that there is no need to appoint a Delimitation Commission for Goa. He explained that the Census Commissioner must identify the constituencies with the highest ST population and reserve them based on their percentage of the total population.
Former State Information Commissioner Adv Juino De Souza outlined the lengthy process ahead, noting that the Census Commissioner must first verify the ST population data of each constituency using the latest baseline census figures. Following this, the proposed list of reserved seats must undergo public hearings for suggestions and objections before the final proposal is sent to the ECI.
The remaining question is which four out of the 40 constituencies will be reserved. Currently, the ST population is concentrated in the hilly and forested areas of Sanguem, Quepem, Canacona, Priol, Ponda, Nuvem, and Sattari. It remains to be seen how the ECI will distribute these seats between North and South Goa.
Furthermore, there is bound to be political pressure from sitting MLAs who may have to forfeit their current seats. Finally, given the upcoming holidays for Ganesh Chaturthi and Diwali, observers doubt the entire process can be completed within a month, which is necessary before the model code of conduct comes into force for the 2027 Assembly elections.
Meanwhile, Chief Minister Pramod Sawant on Saturday asserted that the present population of Goa’s Gawda, Kunbi, and Velip Scheduled Tribe (ST) communities will be considered for determining political reservation, seeking to clear confusion arising from a provision in the Central legislation referring to the 2001 Census.
“The notification has been issued by the Centre. The Bill was prepared after proper legal study. Though it mentions the 2001 Census, the ST population till date will be considered by the Census Commissioner who will be appointed by the government,” Sawant said.
Sawant urged people not to create confusion over the issue, saying legislation passed by the Centre is done after proper study.
He said the Census Commissioner would be appointed to ascertain the ST population and the process would be completed by the end of this month. The confusion stems from the notification related to the Readjustment of Representation of Scheduled Tribes in Assembly Constituencies of the State of Goa Act, 2025, which forms the basis for providing ST political reservation in Goa. Section 2(e) of the Act defines “last census” as “the census held in India in 2001”, raising questions over which population figures would be used for determining reservation.
