Order, 1950 made in exercise of powers conferred by Article 341(1) and Article 342(1) respectively of 'he Constitution. In the order first ... arbitrarily fixed and was therefore violative of Articles 14 and 19 and Articles 341 and 342 of the Constitution, Reference has been made
claim
reservation. Article 16(4) is not controlled by a
Presidential Order issued under Article 341(1)
or Article 342(1) of the Constitution ... consideration in this appeal. Whether Presidential
Order issued under Article 341(1) or Article 342(1)
of the Constitution has any bearing on the State
groups within such
tribes or tribal communities as are deemed under
article 342 to be Scheduled Tribes for the purposes
of this Constitution;"
Article ... exercise of the
powers conferred by clause (1) of Article 342 of the
Constitution. By clause 2 of that Order it was provided that
whether or not an applicant belongs to a designated
Scheduled Tribe. Article 342 of the Constitution empowers the
President to specify caste, races or tribes ... notification issued
by the President is vested in Parliament. Pursuant to Article 342 ,
the Scheduled Tribes were notified by the Constitution (Scheduled
Tribes) Order
342 in relation to scheduled tribes. The object of Article 341 as well as Article 342 is to identify the castes, races or tribes which ... Parliament by law under Article 341 (2) of the Constitution as well as under Article 342(2) of the Constitution. In Basavalingappa v. D. Munichinnappa
indeed has an important place in our
constitutional scheme. Articles 341(1) and Article 342(1) of the
Constitution of India empowers the President ... Presidential Order under Article 341(1) or a tribal community, as
notified in the Presidential Order under Article 342(1) shall be
deemed
Order,
1950 made in exercise of powers conferred by Article 341(1)
and Article 342(1) respectively of the Constitution. In the
Order first mentioned ... arbitrarily fixed and
was therefore violative of Articles 14 and 19 and Articles
341 and 342 of the Constitution. Reference has been made
tabooed under Article 14 of the Constitution. A person
entitled to be treated as a member of Scheduled Tribe under
Article 342 , cannot be treated ... Scheduled Tribes” under Article
366(25) read with the notification issued by the
President of India under Article 342(1) of the
Constitution and, therefore
3049/2002 & Ors. Page 6 of 26
Articles 341 as well as in Article 342 do imply that the
Scheduled Castes and the Scheduled ... claim reservation. Article 16(4) is not
controlled by a Presidential Order issued under Article 341(1)
or Article 342(1) of the Constitution
scope and ambit of Articles 14 , 15 , 16 and on the one
hand and Articles 341 and 342 on the other, the Constitution Bench ... Articles 14 , 19(1)
(d), 19(1)(e) and 19(1)(f) and whether this could be given effect to by
construing Article 342. This
