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Tribes in the Legislative Assemblies of the States Art.334 Reservation of seats and special representation to cease after seventy years Art.335 Claims of Scheduled Castes and Scheduled Tribes to services and posts Art.338 National Commission for Scheduled Castes Art.338A National Commission for Scheduled Tribes Art.339 Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes Art.340 Appointment of a Commission to investigate the conditions of backward classes Art.341 Scheduled Castes dgm 29 wp-2797-15 judgment-25-7-16.sxw Art.342 Scheduled Tribes Art.366 Definitions 13 All these Articles reflect the purpose of reservation for Scheduled Tribe, Scheduled Caste and for Other Backward Class and provisions for collecting the information and the material/data for various constitutional provisions. Articles 330, 332 and 334 apportion the seats for Scheduled Caste and Scheduled Tribes in the House of the People and Legislative Assembly, on the population basis. The expression "population" means "the population as ascertained at the last preceding census of which the relevant figures have been published". The report of 2001 is has been used for such purposes by all concerned.

Article 340 provides for appointment of commission to investigate the condition of socially and educationally backward classes within the territory of India and to make recommendations to improve their dgm 31 wp-2797-15 judgment-25-7-16.sxw condition, to provide the grants etc. Articles 341 and 342 specifically deal with Scheduled Castes and Scheduled Tribes in compliance of constitutional provisions. This includes the power of Parliament and/or the State, with the consultation of Governor, to include and to exclude from the specified list the particular caste/group/community, through the notification by the President, from time to time.

Parliamentarians. The Reservation Act, as enacted, in view of the judgments/directions/observations of the Supreme Court. An interpretation of any such statues needs to be, by keeping in mind, the constitutional provisions and related laws and mainly including Articles 14, 15, 16, 330, 335, 341, 342 to 354 - and also 1950 Orders

- and scheduled list and related State Scheduled List as amended. All these constitutional provisions are interlinked and inter-dependent to dgm 37 wp-2797-15 judgment-25-7-16.sxw decide the reservation policy in India.

The percentage for reservation for appointment at the stage of recruitment, or even for promotions are intact for all these purposes.

The MAT misread historical value of the reservation and the base for such reservation.

85 It is necessary to note that Article 16 (4A) and (4B) have been introduced keeping in mind the directions given by the Apex Court in Indira Sawhnay's case (supra). Articles 341 and 342 of the Constitution of India permit the Authority to declare a community as Scheduled Caste or Scheduled Tribe. This is in the background of the Constitutional (Scheduled Castes) Order, 1950 and Constitutional (Scheduled Tribes) Order, 1950. The learned Members of the Tribunal failed to take note of the background and the declared policy dgm 109 wp-2797-15 judgment-25-7-16.sxw of the Bombay State which was in existence prior to above orders.