contained in Article 342 of the Constitution of India
with regard to the members of the Scheduled Tribes. Clause (2) of Article
341 which ... also
education. Article 15(4) and Article 335 expressly
refer to the Scheduled Castes and Scheduled
Tribes. Clause (4) of Article 16 although does
giving
preference to certain Scheduled Castes under Article 16(4) tinkers
with the Presidential List under Article 341. Merely giving of
preference does not tinker ... Scheduled Castes. The powers under Article 16(4)
cannot be exercised dehors Article 341.
14. Shri Tushar Bakshi, learned counsel argued that sub
classification
institution established and administered by the minorities under clause (1) of article 30 of the Constitution and so declared by an Act of Parliament ... Central Government; (h) "Scheduled Castes" means the Scheduled Castes notified under article 341 of the Constitution; (i) "Scheduled Tribes" means the Scheduled Tribes notified under
being as
under:-
"7. In this connection, the provisions of Articles 341 and 342
of the Constitution have been noticed. These articles enjoin that ... backward classes to claim reservation. Article 16(4) is not
controlled by a Presidential Order issued under Article 341(1)
or Article
examining the scope and ambit of Articles 14 , 15 , 16 and on the one
hand and Articles 341 and 342 on the other, the Constitution ... interpretation placed on the
various provisions of the Constitution, in particular Articles 341 and 342
thereof, in the said judgment ". In other words
Article 15(4) or 16(4) several persons have been coming forward claiming to be covered by Presidential Orders issued under Articles 341 ... Article 15(4) or 16(4) several persons have been coming forward claiming to be covered by Presidential Orders issued under Articles 341
State of Gujarat. This will totally defeat both the intention of Articles 341 and 342 which set out "in relation to that State ... comprehend the causation in Bankimchandra II, we undertook a journey from Articles 341 and 342 of the Constitution, through the Presidential Orders, amendments thereto
under a Presidential Notification issued under Article 342 , citizens are specified as belonging to Scheduled Tribes.
10. Article 341 and Article 342 of the Constitution ... Delhi.
19. Petitioner would urge that Article 239 has to be read harmoniously with Article 341 and 342 of the Constitution of India. Petitioner would
minority educational institutions
referred to in clause (1) of Article 30.
5. Article 341 of the Constitution empowers the President to specify,
with respect ... contained in the Article 342 of the Constitution with respect to Scheduled
Tribes. On a plain reading of Article 341 , it appears that the notification
that when the President of
India, exercising the power under Article 341(1) of the
Constitution, had issued Scheduled Castes and Scheduled
Tribes Order ... considered
the controversy in catena of decisions. Article 366(24)
defines "Scheduled Castes" and Article 341(1) gives power to
the President
