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c) to pass such other and or further orders as may be deemed fit and necessary in the facts of the case.

The case of the petitioners is that they belong to ten communities of the State of Uttar Pradesh, which have been transferred from the list of Scheduled Castes to the list of Scheduled Tribes under the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 2002 (Act X of 2003) (hereinafter referred to as 'the Act'). It is the case of the petitioners that they belonged to Scheduled Caste. As Scheduled Caste members, they were entitled to exercise and enjoy all fundamental rights, constitutional rights and statutory rights as members of Scheduled Caste. Parliament, by the impugned Act, sought to exclude certain Scheduled Castes from the category of Scheduled Castes and included them in the category of Scheduled Tribes in the purported exercise of power under Article 341 of the Constitution. The petitioners asserted that in the State of Uttar Pradesh, before the impugned Act was enacted, there were 69 Scheduled Castes and 5 Scheduled Tribes. After the above Act had been enacted, Scheduled Castes would be reduced from 69 to 52 and Scheduled Tribes would be increased from 5 to 22. Thus, there would be reduction of 17 Castes and sub-Castes (10 Castes and 7 sub-Castes) and addition of 17 Castes in Scheduled Tribes. The impugned action, contended the petitioners, has prejudicially affected the petitioners and several members of Scheduled Castes who had all throughout enjoyed benefits as Scheduled Castes. Now, they would be deprived of the said benefits. It was also submitted that though there is reduction of 17 Castes and sub-Castes from Scheduled Castes, seats in Parliament as also in Legislative Assemblies have not been increased or decreased and they have remained as they were, which is also violative of the scheme of the Constitution and would be detrimental and adversely affecting the interests of Scheduled Caste persons who were sought to be converted to Scheduled Tribes. It would give additional benefit to the remaining Scheduled Caste persons inasmuch as though such Castes would be reduced from 69 to 52, number of seats in Parliament as well as in Legislative Assemblies would not change. On the other hand, it would curtail the benefit to which the members of Scheduled Tribe would be entitled as after the impugned Act, there would be increase in Scheduled Tribes from 5 to 22. The Act is also unconstitutional and ultra vires Articles 14, 19 and 21 as also Part XVI (Articles 330 to 342) of the Constitution. The petitioners contended that the Legislature, while enacting the Act, failed to consider the complications likely to arise and injustice to be caused to Scheduled Castes if the Act were to be brought into force without making necessary change in allotment of seats in accordance with the provisions of the Constitution, particularly Articles 330 and 332. Such action would also violate constitutional rights of the petitioners in Part IX (Articles 243 to 243-O) of the Constitution. The petitioners, therefore, made representations to Hon'ble the President of India, Hon'ble the Prime Minister of India, Hon'ble Minister for Tribal Affairs, National Commission for Scheduled Tribes and others requesting them to take appropriate steps so that they would not suffer and would continue to enjoy rights to which they are entitled but nothing was done by the respondents. They were, therefore, constrained to approach this Court by filing a petition under Article 32 of the Constitution.

Having heard learned counsel for the parties, in our opinion, no interim relief can be granted as prayed for by the petitioners. It is no doubt true that Part III of the Constitution confers certain fundamental rights and for the observance and enforcement of such rights, an aggrieved party may approach a High Court under Article 226 or this Court under Article 32 of the Constitution. It is also true that 'Special provisions relating to certain classes' have been made in Part XVI. Article 330 provides for reservations of seats for Scheduled Castes and Scheduled Tribes in the House of People. The said Article reads as under:

Clause (2) of Article 341 empowers Parliament by law to include in or exclude from the list of Scheduled Castes specified in a notification issued under clause (1) any caste, race or tribe or part of or group within any caste, race or tribe. The contention of the learned counsel for the petitioners is that Article 330 mandates that the number of seats reserved in any State or Union Territory for Scheduled Caste or Scheduled Tribe must be on the basis of population of such Scheduled Castes or Scheduled Tribes. It was, therefore, submitted that once there is change and either reduction or addition in population of Scheduled Castes or Scheduled Tribes, as the case may be, there must necessarily be decrease or increase in seats in Parliament as also in the Legislative Assembly. Such a constitutional requirement cannot be overlooked or ignored. Parliament, by enacting the impugned Act, had made certain members of Scheduled Castes as members of Scheduled Tribes without implementing and giving effect to Articles 330 and 332 of the Constitution, which is clearly illegal and against the scheme of the Constitution. It is also submitted that for the purpose of Articles 330 and 332, the expression 'population' would mean the population as ascertained in the last preceding census of which the relevant figures have been published which is 2001 census. The counsel also relied upon the proviso to Article 330 which declares that the reference in the Explanation to the last preceding census of which the relevant figures had been published shall until the relevant figures for the first census taken after the year 2006 have been published, be construed as a reference to the 2001 census. It was, therefore, submitted that the impugned Act is inconsistent with the provisions of Articles 330 and 332 of the Constitution. Mr. Gopal Subramanium, Additional Solicitor General submitted that an Act has been enacted by competent Legislature i.e. Parliament. If the Court is of the view that the challenge to constitutionality of law requires consideration, the petition may be admitted. Regarding interim relief, however, he stated that normally a Court would not grant interim relief against legislative action. Even with regard to limited interim relief, he submitted that once the Act has been enacted and has been brought into force, interim relief of interfering with an action taken in pursuance of a legislation may not be granted. He submitted that the Act has come into force with effect from January 7, 2003. The Schedule thereof excludes certain Scheduled Castes into Scheduled Tribes under the Act. If interim relief sought by the petitioners is granted and irrespective of the provisions of the Act, members of Scheduled Castes to be treated as members of Scheduled Tribes would be deemed to be treated as Scheduled Caste members, virtually the Court would be granting interim stay against operation of the Act. He also submitted that the operation of the Act is not limited to elections to Parliament, Legislative Assemblies or Local Bodies. The Act is general in nature and deals with status of members of 'certain classes'. In fact, Part XVI of the Constitution itself deals with matters other than election. For instance, Article 335 relates to claims of Scheduled Castes and Scheduled Tribes to services and posts. The Act has already been implemented and has come into force. Persons belonging to certain Scheduled Castes have been treated, under the impugned Act, as members of Scheduled Tribes.

In our opinion, Mr. Gopal Subramanium is right in submitting that grant of interim relief may create complications. For instance, a member of a particular Scheduled Caste who has now been treated under the impugned legislation as member of Scheduled Tribe, may be able to claim certain benefits as member of Scheduled Tribe under the Act. How can he at the same time claim benefits as a member of Scheduled Caste also? Again, can it be said that a person originally belonged to Scheduled Caste and required to be treated as belonged to Scheduled Tribe under the impugned Act will continue to be treated as belonged to Scheduled Caste for the purpose of election under Articles 330 and 332 of the Constitution, but such person will be treated as member of Scheduled Tribe for the purpose of other provisions of the Constitution, for instance, under Article 335 of the Constitution? Such dichotomy, in our opinion, is not envisaged. Since we are of the view that serious questions of law have been raised by the petitioners, the petition deserves to be admitted and accordingly we have issued Rule. But in the facts and circumstances of the case, in our opinion, grant of interim relief would result in complications and confusions. Virtually it would amount to grant of interim relief against legislation as grant of such relief would prevent legislation to operate. Moreover, the Act is of 2002 and came into force in January, 2003 whereas the petition under Article 32 of the Constitution was filed by the petitioners in this Court in July, 2006. It is no doubt true as submitted by Mr. Shanti Bhushan that before filing the petition, representations were made by the petitioners but no heed was paid by the authorities. It is also true that even after July, 2006, respondents, particularly Union of India, had not done anything in the matter, not even filed affidavit in reply by clarifying the position as to injustice likely to be suffered by a section of the society. At the same time, however, grant of interim relief would create more problems, complications and confusions. In our opinion, therefore, interim relief, as prayed for by the petitioners, cannot be granted at this stage. Hence, interim relief is refused. Special Leave Petition (Civil) Nos. 17001-17003/2005 Leave granted.