The Bombay High Court has restrained the Census Commissioner of India from notifying the estimated Scheduled Tribe (ST) population of Goa, a move linked to the proposed political reservation for the community in the state Assembly.

Reacting to the order, Chief Minister Pramod Sawant said his government remained committed to securing reservation for the ST community in the Assembly and had been pursuing the matter with the Centre. Assembly polls are expected to be held in early 2027.

The Bench comprising Justice Valmiki Menezes and Justice Amit S Jamsandekar ordered, “Pending disposal of this petition, the Respondent No. 3, Census Commissioner, is hereby restrained from issuing any notification or notifying in the Gazette of India the figures referred to in its Communication dated 10.09.2026 to the Ministry of Law and Justice or from notifying any other population figures either ascertained or estimated on any basis other than on the basis of the first Census after 2026.”

Senior Advocate Naushad Engineer represented the Peititoner while Deputy Solicitor General of India Pravin Faldessai represented the Respondent.

The Goa bench of the High Court passed the interim order on October 29, 2026 while hearing a petition filed by Edwin Lucio Fernandes, who challenged the Readjustment of Representation of Scheduled Tribes in Assembly Constituencies of the State of Goa Act, 2025, calling it unconstitutional.

Enacted by Parliament in August 2025 and brought into force in August 2026, the Act provides for the readjustment of Assembly constituencies to enable reservation for STs.

The petitioner submitted that the Act bars readjustment of reserved seats for Assembly or Lok Sabha elections until the first Census is completed after 2026.

He also challenged Section 3(1) of the Act, which empowers the Census Commissioner to estimate the ST population in Goa based on the last Census, calculate its proportion to the state’s total population and notify the figures.

The petitioner’s counsel argued that once published, the notification would be final and could not be challenged in any court.

In its interim order, the Bench said the Census Commissioner had attempted to ascertain or estimate the Scheduled Tribe population in Goa based on figures from the last Census (2001 or 2011).

The Court pointed out that, in a communication dated September 10, 2026, to the Union Ministry of Law and Justice, the Census Commissioner had acknowledged that the available data did not allow it to estimate or ascertain Goa's current population or its population under any category.

The Bench said it was surprising that the Census Commissioner, despite acknowledging that the population figures could not be estimated or ascertained, had gone on to state, based on the 2001 Census, that the ST community’s share of Goa’s total population could be ‘reasonably presumed’ to have remained unchanged at 9.9 per cent.

CM Sawant said his Government was committed to providing reservation to the ST community in the state legislature and had continuously pursued the matter with the Centre.

“The law is made in favour of the Scheduled Tribe community,” he said in a post on X, adding that legal impediments arising from court cases would be seriously pursued.

The State Government would urge the Centre to approach the Supreme Court to safeguard the interests of the ST community in Goa, Sawant said.

The Chief Minister reiterated that his Government would leave no stone unturned to protect the interests of the Scheduled Tribe community in the state.

Cause Title: Edwin Lucio Fernandes v. Union of India (Case No.: Writ Petition No. 1415 of 2026)

Appearance:

Petitioner: Senior Advocate Naushad Engineer, Advocates Pralhad Paranjape, Sneha Prabhu, Yohan Limathwalla, Vithal Naik

Respondent: Deputy Solicitor General of India Pravin Faldessai, Advocates Swizel Falcao, Gaurish Agni, Madhav Cuncoliencar, Yash Naik, Clive Fernandes

Click here to read/download Order



[With PTI Inputs]


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