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1 - 9 of 9 (0.28 seconds)Article 341 in Constitution of India [Constitution]
State Of Maharashtra & Ors vs Mana Adim Jamat Mandal on 8 March, 2006
Under our Constitutional scheme, no authority, other than the
Parliament, has been conferred with the power to amend the Presidential
Order. Opinion of the State Government in regard to backwardness of a
community shall not itself confer the State Government the power to
declare a particular community as a Scheduled Tribe. The Supreme
Court had the occasion to consider this question in the case of State of
Maharashtra & Ors. Vs. Mana Adim Jamat Mandal, (2006) 4 SCC 98, in
which, in categorical terms, it has been held as follows:-
Vijay Prakash vs State Of U.P. And Ors. on 23 December, 2004
A Division Bench of this Court in the case of Vijay Prakash Vs.
State of U.P. Ors., 2005 All. L.J. 1697, had the occasion to consider this
question. In the said case, a writ petition was filed to treat the members
of Bhar/Rajbhar community as belonging to Scheduled Tribes in view
of Circulars and Government Orders issued by the State Government
from time to time. Said writ petition was dismissed and, on appeal, the
Division Bench, in paragraphs 21 and 22 of the judgment, held as
follows:-
Smt. Tara Mishra vs State Of U.P. Thru' Secy. Home & Ors. on 2 February, 2010
In the case of Para Prasad Misra (supra), there was
no such deficiency in the office memorandum and in the background
thereof, the Court held that it confers right on the person.
Article 25 in Constitution of India [Constitution]
Prabhat Kumar Sharma vs Union Public Service Commission & Ors on 19 October, 2006
Clause (1) of Article 342 of the Constitution, as quoted above,
provides for specification of the tribes or tribal communities or part of or
groups within tribes or tribal communities as the Scheduled Tribes in
relation to a State or Union Territory and Clause (2) thereof confers
power on the Parliament to include or exclude from the list of Scheduled
Tribes specified in the Presidential Order issued under Clause (1), any
tribe or tribal communities etc. In our opinion, if any change is needed in
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the list appended to the Presidential Order, that can be done only by law
made by the Parliament. Nobody can either include or exclude or
substitute or declare synonyms of the Scheduled Tribes mentioned in the
Presidential Order, except the Parliament by law. Reference in this
connection can be made to a decision of the Supreme Court in the case
of Prabhat Kumar Sharma Vs. Union Public Service Commission &
Ors., (2006) 10 SCC 587, in which it has been held as follows:-
Article 366 in Constitution of India [Constitution]
Palghat Jilla Thandan Samudhaya ... vs State Of Kerala (Bharucha, J.) on 3 December, 1993
We are, therefore, of the opinion that in case the State Government
is satisfied that a particular tribe is to be included in the list of
Scheduled Tribes and requires modification in the Presidential Order, it
can make an enquiry and forward its recommendation so that a
legislation is introduced in the Parliament to amend the Presidential
Order. Reference in this connection can be made to a decision of the
Supreme Court in the case of Palghat Jilla Thandan Samudhaya
Samrakshna Samithi & Anr. Vs. State of Kerala & Anr., (1994) 1 SCC
359, in which it has been held as follows:-
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