Castes Or Tribes - Law Dictionary Search Results
Home Dictionary Name: castes or tribes Page 1 of about 23 results ( seconds)Castes or Tribes
Castes or Tribes, The words 'castes' or 'tribes' in the expression 'Scheduled Castes' and 'Scheduled Tribes' are not used in the ordinary sense of the terms but are used in the sense of the definitions contained in Articles 366(24) and 366(25). In this view, a caste is a Scheduled Caste or a tribe is a Scheduled Tribe only if they are included in the President's Orders issued under Articles 341 and 342 for the purpose of the Constitution. Exercising the powers vested in him, the President has issued the Constitution (Scheduled Castes) Order, 1950 and the Constitution (Scheduled Tribes) Order, 1950. Subsequently, some orders were issued under the said articles in relation to Union Territories and other States and there have been certain amendments in relation to Orders issued, by amendment Acts passed by Parliament, State of Maharashtra v. Milind, AIR 2001 SC 393 (399)....
Scheduled caste
Scheduled caste, article 341 makes it clear that a 'Scheduled Caste' need not be a 'caste' in the conventional sense and, therefore, may not be a caste within the meaning of Article 15(2) or 16(2). Scheduled Castes become such only if the President specifies any castes, races or tribes or parts or groups within castes, races or tribes for the purpose of the Constitution. So, a group or a s. of a group, which need not be a caste and may even be a hotchpotch of many castes or tribes or even races, may still be a Scheduled Caste under Article 341. Likewise, races or tribal communities or parts thereof or part or parts of groups within them may still be Scheduled Tribes (Article 342) for the purpose of the Constitution. Under this definition, one group in a caste may be a Scheduled Caste and another from the same caste may not be. It is the socio-economic backwardness of a social bracket, not mere birth in a caste, that is decisive. Conceptual errors creep in when traditional obsessions ob...
Scheduled castes and scheduled tribes
Scheduled castes and scheduled tribes, it is an accepted fact that members of the Scheduled Castes and Tribes are by the large backward in comparison with other communities in the country. This is the result of historical cause, T. Devadasan v. Union of India, AIR 1964 SC 179: (1964) 4 SCR 680.(ii) Scheduled castes and scheduled tribes are not a caste within the ordinary meaning of caste. Scheduled Castes and tribes are descriptive of backwardness. It is the aim of our Constitution to bring them up from handicapped position to improvement. No Court can come to a finding that any cast or any tribe is a Scheduled Caste or Scheduled tribes. Scheduled Caste is a caste as notified under Article 366(25), State of Kerala v. N.M. Thomas, AIR 1976 SC 490: (1976) 2 SCC 310: (1976) 1 SCR 906.Scheduled Castes and Scheduled Tribes, shall have the meanings respectively assigned to them in the clauses (24) and (25) of Art. 366 of the Constitution of India; Maharashtra State Public Services (Reservati...
Reservation
Reservation, a keeping aside or providing. See SACRAMENT. Reservation of the Sacrament is an offence punishable by deprivation, Oxrofd (Bishop) v. Henly, 1909 P. 319.As to a reservation in a conveyance and how it differs from an exception, see title EXCEPTION.Reservation is not a constitutional compulsion but is discretionary according to the ruling of this Court in Rajendran's case. State of Kerala v. N.M. Thomas, AIR 1976 SC 490: (1976) 2 SCC 310: (1976) 1 SCR 906.'Reservation' was something different from the 'selection' of permissible area. The two terms were not only not synonymous but were mutually exclusive. 'Selection' of permissible area was allowed only to a landlord who had not exercised his right of 'reservation', Lajpat Rai v. State of Punjab, AIR 1981 SC 1401: (1981) 3 SCC 94: (1981) 3 SCR 590.The creation of a new right or interest, by and for the grantor, in real property being granted to another, Black's Law Dictionary, 7th Edn., p. 1309.Mans the reservation of post in...
Nomadic Tribes
Nomadic Tribes, means the Tribes wandering from place to place in search of their livelihood as declared by Government from time to time; The Maharashtra State Public Services (Reservation for Schedule Castes, Schedule Tribes, De-Notified Tribes (Vimukta Jatis) Nomadic Tribes, Special Backword Category and Other Backward Classes) Act, 2001, s. 2(f)....
National Commission for Scheduled Castes and Scheduled Tribes
National Commission for Scheduled Castes and Scheduled Tribes, means the National Commission for the Scheduled Castes and Scheduled Tribes referred to in Article 338 of the Constitution. [Protection of Human Rights Act, 1993 (10 of 1994) s. 2 (1) (i)]...
Other Backward classes
Other Backward classes, means any socially and educationally Backward Classes of citizens as declared by the Government and includes other Backward classes declared by the Government of India in relation of the State of Maharashtra, Maharashtra State Public Services (Reservation for Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis) Nomadic Tribes, Special Backward Category and Other Backward Classes) Act, 2001, s. 2(g)....
Public services and posts
Public services and posts, means the services and posts in connection with the affairs of the State and includes services and posts in-(i) a local authority; (ii) a co-operative society established under the Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961), in which Government is a shareholder; (iii) a Board or a corporation on a statutory body established by or under a Central or a State Act, which is owned and controlled by the Government, or a Government Company as defined in s. 617 of the Companies Act, 1956 (1 of 1956); (iv) an educational institution owned and controlled by the Government, which receives grant-in-aid from the Government including a University established by or under a Maharashtra Act; (v) any establishment; and (vi) respect of which reservation was applicable by government orders on the date of commencement of this Act and which are not covered under sub-clauses (i) and (v), The Maharashtra State Public Services (Reservation for Scheduled Castes, ...
Recruitment year
Recruitment year, means the English calendar year during which the recruitment is actually made, Maharashtra State Public Services (Reservation for Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis) Nomadic Tribes, Special Backward Categories and Other Backward Classes) Act, 2001, s. 2(j).Means the year in which recruitment is actually made, S. Rajendran v. Union of India, (1998) 3 SCC 620.The recruitment year is the year in which recruit-ment takes place, but not each three successive years in which the vacancy exists, Harish Chandra Ram v. Mukh Ram Dubey, 1994 Supp (2) SCC 490 (492)....
Special Backward Category
Special Backward Category, means socially and educationally backward classes of citizens declared as a Special Backward Category by the Govern-ment. [Maharashtra State Public Services (Reserva-tion for Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis) Nomadic Tribes, Special Backward Category and Other Backward Classes) Act, 2001, s. 2(m)]...
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