The Bombay High Court has passed an interim order preventing the Census Commissioner of India from notifying the estimated Scheduled Tribe (ST) population of Goa under a 2025 law intended to facilitate political reservation for the community in the state Assembly.
A Division Bench of Justices Valmiki Menezes and Amit S Jamsandekar issued the direction on Thursday while examining the constitutional validity of the Readjustment of Representation of Scheduled Tribes in Assembly Constituencies of the State of Goa Act, 2025.
The order comes ahead of the Goa Assembly elections, expected in early 2027, with the state government maintaining that it will continue efforts to secure legislative representation for the ST community through reservation.
Court Questions Basis of Population Estimate
The High Court examined the Census Commissioner’s reliance on historical population figures to determine the proportion of Scheduled Tribes in Goa.
The Bench referred to a September 10, 2026, communication sent by the Census Commissioner to the Union Ministry of Law and Justice. In that communication, the Commissioner acknowledged that the available information was insufficient to determine or estimate either Goa’s present population or the population belonging to any particular category.
Despite this admission, the Commissioner had relied on the 2001 Census to suggest that the ST population continued to account for approximately 9.9 per cent of Goa’s total population.
The judges questioned how such a conclusion could be reached when the Commissioner had acknowledged the inability to ascertain the relevant population figures. The Bench noted that the Commissioner had proceeded on the assumption that the community’s population share could reasonably be presumed to have remained unchanged.
The court consequently restrained the Commissioner from issuing the notification while the matter remains under consideration.
Constitutional Challenge to 2025 Legislation
The proceedings arose from a petition filed by Edwin Lucio Fernandes challenging the constitutional validity of the legislation.
Parliament enacted the law in August 2025, and it came into effect in August 2026. Its purpose is to facilitate the readjustment of Assembly constituencies to provide reserved seats for Scheduled Tribes in Goa.
Fernandes argued that the legislation was unconstitutional because readjustment of reserved constituencies for Assembly or Lok Sabha elections was barred until the completion of the first Census conducted after 2026.
The petition also questioned Section 3(1), which authorises the Census Commissioner to calculate Goa’s estimated ST population using the last Census, determine its percentage of the state’s overall population and publish the resulting figures through a notification.
Counsel for the petitioner submitted that the notification, once issued, would attain finality and could not be questioned before any court.
Goa Government Plans to Seek Supreme Court Intervention
Following the interim order, Chief Minister Pramod Sawant reaffirmed the Goa government’s commitment to securing Assembly reservation for Scheduled Tribes.
In a post on X, Sawant said the state had consistently pursued the issue with the Central government and described the legislation as a measure enacted for the benefit of the ST community.
He indicated that the government would actively address legal obstacles arising from litigation concerning the reservation measure.
Sawant also announced that the state government would request the Centre to approach the Supreme Court to protect the interests of Goa’s Scheduled Tribe population.
The chief minister maintained that his administration would continue taking all possible steps to safeguard the community’s interests.
