person one vote' rule enshrined in
Article 170(2) -Whether enables departure from Article
332(3).
Article 332-State Legislature-Reservation of seats ... Article 371-F. The non-obstante
clause in Article 371-F enables Parliament to make a
departure from the ratio contemplated by Article 332
Article 3B), can be treated to be an
insertion so as to whittle-down the provisions of sub-Article (3) of
Article 332 ... contained in Articles 82 and 170 stands out to be an
enabling provision for incorporating sub-Article (3B) under Article 332. Be
it noted that
total population of the State.
5
6. Three facets of Article 330 and Article 332 need to be noticed at the forefront. First,
Articles ... Explanation to Article 330 of the Constitution. The
Explanation stipulates that the reference to ‘population’ in Article 330 and Article
332 is to be construed
reservation under Articles 15 &
16 of the Constitution. A case of reservation of seats in the
Legislative Assembly under Article 332 of the Constitution ... avail of the benefits of reservation
under Article 15 & 16 (in Valsamma) or under Article 332 of the
Constitution (in Sobha Hymavathi Devi
tribal could claim to contest a seat reserved for tribals. Article 332 of
the Constitution speaks of reservation of seats for Scheduled Tribes in
Legislative ... decision to a seat reserved in an
election in terms of Article 332 of the Constitution. We see no reason
why the principle relating
tribal could claim
to contest a seat reserved for tribals. Article 332 of the
Constitution speaks of reservation of seats for Scheduled
Tribes in Legislative ... reservation under Articles 15(4) and 16(4) of
the Constitution, on the one hand, and Articles 330 and 332 , on the other,
are different
explanation of Article 330.
24. That the Petitioners and other members of
their community had a constitutional right
under Articles 330 and 332 to have ... total population of
the State.
Explanation. In this article and in article
332 , the expression "population" means
the population as ascertained
constituencies
were created in the State of Uttaranchal. In reference to Article 332 (3)
of the Constitution of India the number of seats ... repeated again. It should be made clear that the mandate of Article 332
(3) of the Constitution of India should always be kept in mind
proviso to clause (3) of Article 170. Similarly, the 3 rd
7
proviso to Article 82 imposes an embargo on the readjustment
of allocation ... available. A similar embargo has been imposed
by Articles 330 and 332 of the Constitution on reserving the
seats for Scheduled Castes and Scheduled Tribes
life. [79 F-H, 80 A-B]
2.2 The principles contained in Articles 39(a) and 41
must be regarded as equally fundamental ... challenge the deprivation as
offending the right to life conferred by Article 21. [80 G-
H, 81 A]
Munn v. Illinois
