Tribe - Law Dictionary Search Results
Home Dictionary Name: tribeScheduled 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...
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 Tribes
Scheduled Tribes, means certain tribes or tribal communities or groups within them in any State or Union Territory of India notified by the President in the Constitution (Scheduled Tribes) Order, 1950 and the Constitution (Scheduled Tribes) Order, 1951 under Art. 342(1) of the Constitution of India, the President specifies a tribe under these Orders only on the basis of its being a tribe or tribal community, no non-tribal community can be converted into a tribal community for the purpose of this Order. [Constitution of India, Art. 342(1)]...
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)....
Tribe
Tribe, 'Tribe in the Dictionary of Anthropology is defined as 'a social group, usually with a definite area, dialect cultural homogeneity, and unifying social organisation. It may include several subgroups, such as sibs or villages. A tribe ordinarily has a leader and may have a common ancestor, as well as patron deity. The families or small communities making up the tribe are linked through economic, social, religious, family, or blood ties', State of Kerala v. Chandra Mohan, (2004) 3 SCC 429: AIR 2004 SC 1672.Tribe, is defined as a social group of a simple kind, the members of which speak a common dialect, have a single government, and act together for such common purposes as 'warfare', Encyclopaedia Britannica, Vol. 22, 1961 Edn., p. 465....
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)]...
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...
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...
Tribal community
Tribal community, in Parts 1 to 12 of the Schedule to the Constitution (Scheduled Tribes) Order, 1952 are specified the tribes or tribal communities or parts of or groups within the tribes or tribal communities who are to be deemed to be Scheduled tribes. Munda is one of such specified tribes or tribal communities. It can well be said that the term 'tribal community' has a wider connotation than the expression 'tribe', N.E. Horo v. Jahanara Jaipal Singh, AIR 1972 SC 1840 (1850): (1972) 1 SCC 771: (1972) 3 SCR 361...
reservation
reservation 1 : the act or an instance of reserving [ of rights] 2 : the creation by and for a grantor of a new right or interest (as an easement) in real property granted to another ;also : the right or interest so created or the clause creating it in a deed compare exception 3 a : public land reserved for a special purpose (as conservation) b : a tract of land reserved for use by an American Indian tribe see also Indian Removal Act of 1830 in the Important Laws section compare Indian title at title NOTE: The federal government has jurisdiction over certain serious felonies committed on American Indian reservations, and a member of a tribe is vested with the rights of an American citizen even if in a tribal court proceeding. Prior to the Indian Civil Rights Act of 1968, states could obtain civil and criminal jurisdiction over a reservation or other American Indian lands by legislative action, but that Act created the requirement that such jurisdiction be acquired with the cons...
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