Scheduled Caste - Law Dictionary Search Results
Home Dictionary Name: scheduled caste Page: 2Caste
Caste, Since a caste is a social combination of persons governed by its rules and regulations, it may, if its rules and regulations so provide, admit a new member just as it may expel an existing member. The rules and regulations of the caste may not have been formalised: they may not exist in black and white: they may consist only of practices and usages, C.M. Arumugam v. S. Rajgopal, (1976) 1 SCC 863: (1976) 3 SCR 82: AIR 1976 SC 939 (948). [Constitution (Scheduled Castes) Order, 1950]A caste is a horizontal segmental division of society spread over a district or a region or the whole State and also sometimes outside it. Homo Hierarchicus is expected to be the central and substantive element of the caste system which differentiates it from other social systems. The concept of purity and impurity conceptualises the caste system. There are four essential features of the caste system which maintained its homo hierarchicus character: (1) hierarchy; (2) commensality; (3) restrictions on m...
Equality
Equality, Equality under art. 16 could not have a different content from equality under art. 14. Equality of opportunity for unequals can only mean aggravation of inequality. Equality of opportunity admits discrimination with reason and prohibits discrimination without reason, State of Kerala v. N.M. Thomas, (1976) 2 SCC 310: AIR 1976 SC 490: (1976) 1 SCR 906.The quality or state being equal; esp. likeness in power or political status, Black's Law Dictionary, 7th Edn., p. 597.Indian Constitution guarantees equality of opportunity to all citizens in the matter of employment or appointment to any office under the State, no citizen will be denied employment on the ground of religion, race, caste, sex and place of birth etc. However, the State can make special provision for reservation of posts for backward class citizens, Constitution of India, Art. 16(1), (2) & 4.The equality before law does not mean absolute equality of men, it only means equal subjection of all individuals to the ordin...
Discrimination
Discrimination, when used in Art. 304(a), involves an element of intentional and purposeful differentiation thereby creating economic barrier and involves an element of an unfavourable bias. It implies an unfair classification, Video Electronics P. Ltd. v. State of Punjab, AIR 1990 SC 820 (832): (1990) 3 SCC 87. [Constitution of India, Art. 304(a)]The Constitution of India prohibits the State from discriminating against any citizen in respect of any employment under it on the grounds of religion, race, caste sex, etc., Constitution of India, Art. 16(2).In India, Constitution prohibits the State from discriminating against any citizen on grounds of religion, race, sex, place of birth or any of them by putting restriction on their access and use certain public places, Constitution of India, Art. 15(1) and (2).The State is empowered to make special provisions for women, children socially and educationally backward classes, Scheduled Castes and Scheduled Tribes citizens in this regard, Con...
Equal protection
Equal protection, the guarantee against the denial of equal protection of the laws does not mean that identically the same rules of law should be made applicable to all persons within the territory of India in spite of differences of circumstances and conditions. In other words, there should be no discrimination between one person and another if as regards the subject-matter of the legislation their position is the same. There can certainly be a law applying to one person or to one group of persons and it cannot be held to be unconstitutional if it is not discriminatory in its character, Charanjit Lal Chowdhury v. Union of India, AIR 1951 SC 41: (1950) SCR 869.In pursuance of Directive Principle which imposes duty on the State to promote with special care the educational an economic interests of weaker sections of the country, Commentary on the Constitution of India, Durga Das Basu, Vol. B, p. 7.The State can make special provisions for certain categories like women children, socially ...
Reconversion
Reconversion, on 'reconversion' to Hinduism, a person can once again become a member of the caste in which he was born and to which he belonged before conversion to another religion, if the members of the caste accept him as a member. Hence on reconversion to Hinduism, a person can once again become a member of the scheduled caste to which he belonged prior to his conversion for the social and economic disabilities once again revive and become attached to him, C.M. Arumugam v. S. Rajgopal, AIR 1976 SC 939 (949): (1976) 1 SCC 863: (1976) 3 SCR 82.The national or imaginary process by which an earlier constructive conversion-meaning a change of personal into real property or real into personal property is annulled and taken away; and converted property restored to its originals quality, Black's Law Dictionary, 7th Edn., p. 1278....
Backward classes
Backward classes, It is necessary to satisfy two conditions to attract clause (4) of Article 16, namely,(i) a class of citizens is backward, i.e., socially and educationally, in the sense explained in Balaji's case ([1963] Supp 1 SCR 439); and(ii) the said class is not adequately represented in the services under the State. It is held in Balaji's case that backwardness under Article 15(4) must be social and political and that social backwardness was in the ultimate analysis the result of poverty to a very large extent, Triloki Nath Tikku v. State of Jammu & Kashmir, AIR 1967 SC 1283: (1967) 2 SCR 265. [Constitution of India, Art. 16(4)]Backward classes, means socially and educationally backward classes within the territory of India, Constitution of India, Article 340.Backward classes, are classes slow in development, Webster Dictionary of Law, p. 108.Backward classes means such backward classes of citizens other than the Scheduled Castes and the Scheduled Tribes, as may be specified by...
Lok Sabha
Lok Sabha, elections to Lok Sabha are held on the basis of adult suffrage. A person who is a citizen of India and is not less than 25 years of age and possesses such other qualifications as may be prescribed by law made by Parliament, is qualified to be chosen to fill a seat in Lok Sabha, Constitution of India, Art. 84.Lok Sabha, is the House of the people consists of a maximum of 552 members, including two representing the Anglo-India Community filled by nomination by the President, 530 members are directly elected from territorial constituencies in the States and not more than 20 members are chosen represent Union Territories, 79 Seats are reserved for Scheduled Castes and 41 for Scheduled Tribes. [Representation of Peoples Act, 1951]...
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)....
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