Skip to main content

SC/ST person from one State cannot claim SC/ST benefits in another State: Supreme Court

In Bhadar Ram vs Jassa Ram  the Supreme Court ruled that a person declared as Scheduled Caste or Scheduled Tribe in one state cannot claim benefit of his status for employment, education or land allotment in any other state on migration.


A bench of Justice M.R. Shah and Justice A.S. Bopanna said: "A person belonging to Scheduled Caste /Scheduled Tribe in relation to his original state of which he is permanent or an ordinarily resident cannot be deemed to be so in relation to any other state on his migration to that state for the purpose of employment, education etc."

The Division Bench relied upon the decision of Action Committee on Issue of Caste Certificate to Scheduled Castes and Scheduled Tribes in the State of Maharashtra and Another v. Union of India and Another.

In Action Committee, the question that arose for consideration was whether a person belonging to caste or tribe specified for the purpose of Constitution to be Scheduled Caste or a Scheduled Tribe in relation to State A migrates to State B, where a caste or tribe with the same nomenclature is specified for the purposes of Constitution to be a Scheduled Caste or Scheduled Tribe in relation to that State B, will that person be entitled to claim the privileges and benefits admissible to persons belonging to Scheduled Caste and /or Scheduled Tribe in State B? 

While answering the said question, it was held that a person belonging to Scheduled Caste /Scheduled Tribe in relation to his original State of which he is permanent or an ordinarily resident cannot be deemed to be so in relation to any other State on his migration to that State for the purpose of employment, education etc.

Appellant submitted that the Action Committee decision will not be applicable to the facts of the case on hand as in that case, the court was considering the issue with respect to employment, and education and in the present case, dispute is with respect to sale of property has no substance and cannot be accepted. 

Apex Court held that "we see no reason to restrict the applicability of the decision of this court in the case of 'Action Committee' only with respect to employment, education or the like and not to make applicable the same with respect to purchase and sale of the property". 
Labels:

Comments

Post a Comment

Popular posts from this blog

ARTICLE 370 - A brief note

ARTICLE 370- A BRIEF NOTE  Written By : Ms. Ankita Rana  Sr. Executive Law, BHEL  Article 370 of the Constitution of India, 1949 accords a special status to the State of Jammu & Kashmir. It limits the application of the provisions of the Constitution of India to the State of Jammu & Kashmir, (except Article 1 and Article 370 itself) and permits the state to draft its own Constitution. It restricts Parliament’s legislative powers in respect of J&K.  HISTORY OF ACCESSION OF J & K TO INDIA In order to understand Article 370, it is important to first understand the legislative history behind the provision. The provision was introduced in the Constitution as unlike other princely states, special conditions existed in the State of Jammu & Kashmir as follows: • India was at war with Pakistan and there was a cease fire agreed operating at the relevant time; • The internal condition in the state of J & K was still unusual and ...
Post a Comment
Read more

NATIONAL REGISTER OF CITIZENS (NRC)

The  National Register of Citizens (NRC)  is a register maintained by the Government of India containing names & certain relevant information for identification of Indian citizens of Assam state. The register was initially, specifically made for Assam state. However, on 20th November 2019, Home Minister Amit Shah declared during a Parliamentary Session that the register would be extended to the entire country. The register was first prepared after the 1951 Census of India and since then it has not been updated until recently. Assam has become the first state in India where the updating of the NRC is being taken up to include the names of those persons whose names appeared in the NRC of 1951 and is still alive; and/or of their presently living descendants who have permanent residence within the state. The updated final NRC was released on August 31, 2019 with over 1.9 million applicants failing to make it to the list. PURPOSE OF NRC The purpose of NRC update i...
Post a Comment
Read more

PRESIDENT’S RULE

PRESIDENT’S RULE  In layman’s term  President's Rule  is the suspension of state government and imposition of direct central government rule in a state. Article 356 of Indian Constitution deals with imposition of President’s Rule over a State of India. If a State Government is unable to function according to constitutional provisions, the Central government can take direct control of the state machinery. Executive authority is exercised through the centrally appointed governor, who has the authority to appoint other administrators to assist them.  During president's rule, the Council of Ministers is dissolved, vacating the office of Chief Minister. Furthermore, the Vidhan Sabha is either prorogued or dissolved, necessitating a new election.  The Governor is an appointee of the President and thus, effectively, a functionary of the Union Government.  S. R. Bommai v. Union of India   was a landmark judgment of the Supreme Court wher...
Post a Comment
Read more