**Summary:**
This document summarizes the Indian government's position, as of July 25, 2025, regarding reservation for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Rajya Sabha (Council of States) and State Legislative Councils. The Minister of State in the Ministry of Law and Justice and the Minister of State in the Ministry of Parliamentary Affairs, Shri Arjun Ram Meghwal, stated that there is no existing provision for reservation for SCs and STs in either the Rajya Sabha or the Legislative Councils.
The rationale for the absence of reservation in the Rajya Sabha is rooted in Article 80 of the Constitution, which mandates the election of representatives from each state by the elected members of the Legislative Assembly, using a system of proportional representation with a single transferable vote. This system, according to the government, is incompatible with reserving a fixed number of seats for specific groups. Similarly, Article 171, governing the composition and election of members to State Legislative Councils, does not include provisions for SC/ST reservation. Furthermore, Articles 330 and 332, while providing for reservation in the Lok Sabha (House of the People) and State Legislative Assemblies, respectively, do not extend this provision to the Rajya Sabha or Legislative Councils.
The government currently has no proposal to introduce reservation for SCs and STs in the Rajya Sabha. Reservation in the Legislative Assemblies is already provided for under Article 332 of the Constitution.
Key Entities Referenced
Scheduled Castes and Scheduled Tribes: Refers to the socially and economically disadvantaged groups in India, for whom the question of reservation is being discussed.
Rajya Sabha: The upper house of the Parliament of India, also known as the Council of States, where the question of reservation for SCs and STs is addressed.
Legislative Councils of various States: The upper house in the bicameral legislatures of some states in India, where the question of reservation for SCs and STs is addressed.
Article 80 of the Constitution: A specific article of the Constitution of India that outlines the composition of the Council of States and the election of its members, relevant to the discussion on reservation.
Article 171 of the Constitution: A specific article of the Constitution of India that outlines the composition and election of Members to the Legislative Councils in various States, relevant to the discussion on reservation.
Articles 330 and 332 of the Constitution: Specific articles of the Constitution of India that provide for reservation of seats for the SCs and STs in the House of People and the State Legislative Assemblies respectively.
House of People: Another name for Lok Sabha
Legislative Assemblies: The lower house of the state legislatures in India, where reservation for SCs and STs is currently provided under Article 332 of the Constitution.
GOVERNMENT OF INDIA
MINISTRY OF LAW AND JUSTICE
LEGISLATIVE DEPARTMENT
LOK SABHA
UNSTARRED QUESTION NO. 1071
TO BE ANSWERED ON FRIDAY, THE 25th JULY, 2025
Reservation for SCs/STs
†1071. Smt. Sanjna Jatav:
Will the Minister of LAW AND JUSTICE be pleased to state:
(a) whether there is any provision of reservation for Scheduled Castes and
Scheduled Tribes in the Rajya Sabha and the Legislative Councils of various
States;
(b) if so, the details thereof;
(c) if not, the reasons therefor;
(d) whether the Government proposes to provide reservation to the said
categories in Rajya Sabha and Legislative Assemblies; and
(e) if so, the details thereof?
ANSWER
MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF
LAW AND JUSTICE; AND MINISTER OF STATE IN THE MINISTRY OF
PARLIAMENTARY AFFAIRS
(SHRI ARJUN RAM MEGHWAL)
(a) No.
(b) Does not arise.-2-
(c) Article 80 of the Constitution inter-alia, provides that the representatives
of each State in the Council of States shall be elected by the elected
members of the Legislative Assembly of the State in accordance with the
system of proportional representation by means of the single transferable
vote. This implies that votes are first allocated to the most preferred
candidate and then to next preferred candidate and so on, so this system
can’t accommodate the principle of reserving a certain number of seats
for a particular group. Further, article 171 of the Constitution which
provides for composition of and election of Members to the Legislative
Councils in various States, does not provide reservation of Scheduled
Castes and Scheduled Tribes in the Legislative Councils. Moreover, even
articles 330 and 332 of the Constitution which provide for reservation of
seats for the SCs and STs in the House of People and the State
Legislative Assemblies respectively, do not provide for reservation of
seats for Scheduled Castes/Scheduled Tribes in the Council of States or
Legislative Councils of various states.
(d) There is no proposal to provide reservation for Scheduled Castes and
Scheduled Tribes in the Rajya Sabha. As regards the position of
reservation to the said categories in the Legislative Assemblies is
concerned, the same is provided under article 332 of the Constitution.
(e) Does not arise.
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