The main legal point established in the judgment is that the power to legislate for reservation vests with the State Legislature, and the court emphasized the need for legislative action to extend reservation to the posts of vice chairmen/vice presidents.

D. MURUGESAN, J.

1. The petitioner is a practicing Advocate of this Court. He has filed this pro bono publico petition seeking for a direction to the Secretary to Government, Adi Dravidar and Tribal Welfare Department, Chennai and the Chief Election Commissioner, Tamil Nadu State Election Commission, Chennai to provide reservation allotment and announcement of reserved constituencies for women Scheduled Castes & Scheduled Tribes in all Vice Chairmen/Vice Presidents posts in the local bodies and municipalities and Chairmen for standing committees according to 33% reservation to women and 22.5% reservation to Scheduled Castes & Scheduled Tribes pursuant to his representation dated 23.09.2011 and to forbear the respondents from conducting the election to all Vice chairmen/Vice Presidents posts in the local bodies and municipalities and Chairmen for standing committees till the reservation is streamlined. According to the petitioner, the elections to the posts of Mayors, Councillors for various Corporations, District Panchayats & Panchayat Unions, Chairpersons for District Panchayats and Panchayat Unions, Ward Members for Town Panchayats, Municipalities and Village Panchayats, Presidents and Ward Members for Village Panchayats were notified to be held on 17th and 19th of October, 2011. As against the 13,603 local body posts and constituent committees, no reservation to the Scheduled Castes/ Scheduled Tribes and women was provided. In terms of Article 46 of the Constitution of India, the State shall promote with special care the educational and economic interests of the weaker sections of the people and in particular of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation. In terms of the Tamil Nadu Women Reservation Act, 33 percent reservation should be provided to women in general and 22.5 percent reservation should be provided to Scheduled Castes/Scheduled Tribes as per the Panchayat Raj Act. The failure to provide the reservation for Scheduled Castes/Scheduled Tribes and women would be violative of Article 46 of the Constitution of India. Having noticed the above, he sent a representation by fax dated 23.9.2011 to the State Government and the State Election Commission to provide such reservation. As no action was taken, he has approached this Court by way of the present public interest litigation petition.

2. A counter affidavit has been filed on behalf of the State Government denying the allegations by contending that the reservations for Scheduled Castes/Scheduled Tribes and women were followed in the local body elections. Insofar as Scheduled Castes/Scheduled Tribes, 18+1 percent pattern which is adopted in the State of Tamil Nadu was followed and so far as reservation for women is concerned, it has been substantially complied with. After the arguments were heard and the orders were reserved, the details as to the percentage of reservation followed in the local body elections has also been filed.

3. We have heard Mr.M.Palanimuthu, petitioner in person and Mr.R.Vijayakumar, learned Additional Government Pleader for the State and the respective learned counsel for the other respondents.

4. The following question arises for our consideration:

"Whether for the posts of Vice Chairmen, Vice Presidents in the local bodies and Chairmen for standing committees, the reservation for Scheduled Castes/Scheduled Tribes and women should be followed as in the case of the Chairmen, Presidents, Members, Councilors in the local bodies?"

5. Constitutional mandate: The reservation in India is nothing but a form of affirmative action designed to improve the well being of the under represented communities. It aims to achieve the social and educational status of the underprivileged to take the rightful place in the society. Article 15(1) of the Constitution of India prohibits the State from discriminating any citizen on grounds only of religion, race, caste, sex,