Judgment Search Results Home > Cases Phrase: constitution scheduled tribes order amendment act 2013 central preamble the constitution scheduled tribes order amendment act 2013 Page 1 of about 1,927 results (0.540 seconds)

Dhananjay Mahto and ors. Vs. Union of India (Uoi) and ors.

Court : Jharkhand

Reported in : [2005(4)JCR1(Jhr)]

..... . in such a situation, there will be two options before the state government : it will either come out with appropriate amendment of law immediately or will follow the principles of reservation, as laid down under article 243-d of the constitution of india for both scheduled areas and non-scheduled areas, part ix of the constitution, including article 243-d having been extended to the scheduled areas vide pesa act, 1996 with such exceptions and modifications, as shown therein, except the 2nd proviso to clause (g) of section 4, which has been declared ..... it was extended with certain exceptions and modifications : under clause (g) of section 4 while reservation of the seats in the scheduled areas at every panchayat has been made in proportionate to the population of the communities (scheduled castes and scheduled tribes) for whom reservation is sought to be given under part ix, it has been ordered that all seats of chairpersons in panchayat at all level shall be reserved for the scheduled tribes.21. ..... a committee of member of parliament and experts, commonly known as 'bhuria committee' was constituted by the central government to make recommendation of the salient features of the law to extend the provisions of part ix of the constitution to the fifth scheduled areas. ..... . the preamble of constitution while guarantees justice, political and social, the principle of distributive justice can not be ignored .....

Superintending Engineer, Public Health, U.T. Chandigarh and Others Vs. ...

Court : Supreme Court of India

Reported in : AIR1997SC2133; JT1997(2)SC508; 1997(2)SCALE138; (1997)9SCC199; [1997]1SCR454; 1997(1)LC742(SC)

..... in the light of article 16(4a) introduced by the constitution (77th amendment) act, 1995 the claims of the scheduled castes and the scheduled tribes for promotion shall be taken into consideration in making appointment or giving promotion. ..... this duty is to be exercised in keeping with the directive principle laid down in article 46 to promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the scheduled castes and the scheduled tribes, and to protect them from social injustice and all forms of exploitation, article 37 of the constitution provides that the directive principles of state policy contained in part iv of the constitution, in which article 46 occurs, are fundamental to the governance of the country and that it is the duty of the state to apply these principles in making laws. ..... this special leave petition arises from the order of the central administrative tribunal, chandigarh bench, made on 6-9-1996 in oa no. ..... article 38 read with the preamble enjoins the state to accord socioeconomic justice, the basic feature in all institutions of national life. .....

Sudha Tiwari Vs. Union of India and Other

Court : Allahabad

..... the constitution (ninety third amendment) act, 2005 has by inserting a new clause (5) in article 15 of the constitution, enabled the state to make special provision, by law, for the protection of the rights of the scheduled castes (scs), the scheduled tribes (sts) and socially and educationally backward classes of citizens in all educational institutions, including aided or unaided private educational institutions, except minority educational institutions established under article 30 (1) of the constitution. 6. ..... the petitioner has filed this writ petition claiming following reliefs:- "(i) issue a writ, order or direction in the nature of certiorari quashing the 93rd constitutional amendment act, 2005 whereby a new clause has been inserted/added to the article 15 as 15 (5) in part iii of the constitution of india and section 4 of the u.p. ..... that it may be stated that the constitutional vires of article 15 (5) of the constitution of india in regard to admission to central education institutions have been upheld by the hon'ble supreme court in the matter of ashok kumar thakur and others vs. ..... that the preamble of our constitution casts a statutory obligation on the state to constitute a sovereign, socialist, secular, democratic republic and to secure to all its citizens social, economic and political justice amongst other things. 2. .....

Yogita Godara vs.food Corporation of India & Anr.

Court : Delhi

..... is no estoppel as no promise of the social status is made by the state when a false plea was put-forth for the social status recognised and declared by the presidential order under the constitution as amended by the sc & st (amendment) act, 1976, which is later found to ..... in the case of kavita solunke (supra) the candidate belonged to the reserved category of halba (scheduled tribe) and had obtained an appointment, but after a decade the caste certificate was invalidated on the ground that being a koshti did not belong to the halba tribe recognized as a scheduled tribe although halba-koshti was treated as halba before the judgment of the supreme court in the case of ..... the courts have constitutional duty and responsibility, in exercise of the power of its judicial review, to see that constitutional goals set down in the preamble, the fundamental rights and the directive principles of the constitution ..... before this court petitioner is guilty of concealment of facts because the petitioner has not filed her application form of which point no.3 at the check list would have shown the link on the website which gives the format, and which would have made clear that the format submitted by the petitioner was only showing the petitioner as obc in the state list and not in the central list as is required by the prescribed format for employment. ..... on 6.12.2013, the petitioner received a show cause notice dated 6.12.2013 asking the petitioner to show cause as to why her services should not be .....

Union of India and Another Vs. Madhav Gajanan Chaubal and Another

Court : Supreme Court of India

Reported in : 1996VIIIAD(SC)46; AIR1997SC3074; 1998(1)ALLMR(SC)149; [1997(75)FLR417]; JT1996(9)SC320; (1997)ILLJ977SC; 1997(1)MPLJ65; 1996(7)SCALE494; (1997)2SCC332; [1996]Supp6SCR503; 1

..... constitution 77th amendment act, 1995 has resuscitated the above objective to enable the dalits and scheduled tribe-employees to improve excellence in higher echelons of service and a source of equality of opportunity in the matter of social and economic status guaranteed by the preamble to the constitution ..... in the vacancy of the secretary reserved for the scheduled tribes was valid and constitutional. ..... section 2 of the constitution (77th amendment) act, 1995, article 16(4a) was introduced which envisages that nothing in this article shall prevent the state from making any provision in reservation in matter of promotion to any class or classes of posts in the service under the state. ..... of andhra pradesh : [1996]3scr266 a bench of two judges have held that right to reservation in promotion stands restored by constitution 77th amendment) act which introduced clause (4-a) to article 16.7. ..... that vacancy was sought to be filled up by promotion from the superintendents in group a category from scheduled tribe candidates, the respondent filed oa in the central administrative tribunal at bombay. ..... when the department had sought for the clarification from the department of personnel and training, the government of india, had stated thus:there is no change in the position however, it may be stated that unless this department changes the earlier instructions, the old order will remain in ..... the tribunal following the decision of this court in pasvan's case (supra), by order dated march 11, 1992 in oa .....

Gujarat Dalit Civil and Constitutional Rights Pratipadan Samiti and Et ...

Court : Gujarat

Reported in : AIR1988Guj197; (1988)1GLR290

..... 4 of part iv-gujarat in the schedule substituted by the said act, namely, the scheduled castes and scheduled tribes order (amendment) act, 1976 referred to in this petition as 1976 amendment act, is ultra vires, since it contravenes implied limitations; (5) the word mochi occurring in entry 4 part iv of the schedule to act 108 of 1976, should be so interpreted that it covers only those mochi community that skins the dead animal and that type of mochis are residing only in dangs district and umbergaon taluka. ..... it has been further stated that the scheduled castes order (amendment) act, 1976 in so far as it covers state of gujarat is violative of article 14 since the parliament has exceeded its limits carved out by clause (2) of article 341 of the constitution. 9. mr. ..... in its preamble it is stated 'an act to provide for inclusion in and the exclusion from the lists of scheduled castes and scheduled tribes of certain castes and tribes for the readjustment of representation of parliamentary and assembly constituency in so far as such readjustment is necessitated by such inclusion or exclusion and for matters connected therewith. ..... shiva rao, in volume ii, it has been stated in paragraph 3 (c) that, muslims shall have reservation of seats for the muslims in the lower houses of the central and provincial legislatures on the basis of their population. .....

Diddi Rambabu Vs. Principal, Hyderabad Public School, Ramanthapur and ...

Court : Andhra Pradesh

Reported in : 1998(3)ALD775; 1998(3)ALT310

..... the 1st amendment act of 1951, clause 4 in article 15 was introduced to the affect-nothing in this article or in clause (2) of article 29 shall prevent the state from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the scheduled castes and the scheduled tribes ..... 3 : from the preamble of the constitution it is seen that the state is committed to secure justice, social, economic and political, equality of ..... be necessary for regulating the management of the school and the affairs of the board; (xv) to delegate all or any of its powers to the principal of the school or to standing committee or subcommittee or to any one or more members of its body or its officers; and (xvi) to do all such other acts and things as may be requisite in order to further the objects of the school: (d)(i)accounts :-the board of governors shall cause true accounts to be kept of all transactions of the school and of all ..... school' means a school which is not run by the central government administrator, a local authority or any other authority designated or sponsored by the central government, administrator or a local authority; clause 2(s), 'public examination' means an examination conducted by the central board of secondary education, council for indian school certificate examinations or any other board which may hereafter be established for the purpose and recognised by the administrator or any other officer authorised by him in this .....

J. Venkatesh Reddy and Others Vs. The State of Karnataka, Represented ...

Court : Karnataka

..... that the constitutional validity of section 3(1) of chapter- ii relating to declaration of any area in the state as an industrial area, by the state government under the karnataka industrial areas development act, 1966 (karnataka act no.18/1996) and also the provisions of sections 28 to 31 in chapter vii in the said act relating to acquisition and disposal of land for the purpose of development of industries in such industrial areas notified under section 3 of the act, is questioned as the said provisions are repugnant to the provisions of the 2013 act (central act no.30/2013), which provides for acquisition of land for infrastructure projects, which includes projects for ..... the bench has referred to paragraph 17, the different entries in list i, ii and iii of the seventh schedule, that stood before the constitution seventh amendment act, 1956, and has held (paragraph 18) that in so far as substitution of a comprehensive entry in list iii is concerned, it could hardly be urged with confidence that the power of acquisition and requisition of property was incidental to other power. ..... " the preamble to the kiad act reiterates the objective of the legislation- "an act to make special provisions for securing the establishment of industrial areas in the state of karnataka and generally to promote the establishment and orderly development of industries therein, and for that purpose to establish an industrial areas development board and for purposes connected with the matters aforesaid. .....

J Venkatesh Reddy Vs. The State of Karnataka

Court : Karnataka

..... that the constitutional validity of section 3(1) of chapter- ii relating to declaration of any area in the state as an industrial area, by the state government under the karnataka industrial areas development act, 1966 (karnataka act no.18/1996) and also the provisions of sections 28 to 31 in chapter vii in the said act relating to acquisition and disposal of land for the purpose of 60 development of industries in such industrial areas notified under section 3 of the act, is questioned as the said provisions are repugnant to the provisions of the 2013 act (central act no.30/2013), which provides for acquisition of land for infrastructure projects, which includes ..... state of uttar pradesh, 1980(4) scc136 the bench has referred to paragraph 17, the different entries in list i, ii and iii of the seventh schedule, that stood before the constitution seventh amendment act, 1956, and has held (paragraph18) that in so far as substitution of a comprehensive entry in list iii is concerned, it could hardly be urged with confidence that the power of acquisition and requisition of property was incidental to other ..... the preamble to the kiad act reiterates the objective of the legislation- an act to make special provisions for securing the establishment of industrial areas in the state of karnataka and generally to promote the establishment and orderly development of industries therein, and for that purpose to establish an industrial areas development board and for purposes connected with the .....

Hardial and ors. Vs. the Commissioner and ors.

Court : Punjab and Haryana

Reported in : (2004)137PLR825

..... by the constitution (twenty-fifth amendment) act, 1971 lays down that notwithstanding anything contained in article 13, no law giving effect of the policy of the state towards securing all or any of the principles laid down in part iv shall be deemed to be vioded on the ground that it is in consistent with or takes away or abridges any of the rights conferred by article 14 or article 19 and no law containing a declaration that it is for giving effect to such policy shall be called in question in any court on the ground ..... 46 imposes a duty on the state to promote with special care, the educational and economic interest of the weaker sections of the people and in particular of the scheduled castes and scheduled tribes and to protect them from ..... the preamble of the constitution of india which was brought into force on january 26, 1950 declares;-'we the people of india, having solemnly resolved to constitute india into a sovereign socialist secular ..... dream of having land to live and in order to achieve the objectives of social justice by distribution of land to the landless members of the scheduled castes, the state government imposed rigorous restrictions against the transfer of land by the allottee by way of sale or otherwise.6 ..... the record shows that after purchasing surplus rural evacuee agricultural land from the central government in package deal of 1961, the state government in the rehabilitation department framed a policy for disposal of such land by transfer to the occupants on the .....