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Search Results Judgments > Phrase:constitution scheduled castes order amendment act

Apr 24 1973

Kesavananda Bharati Sripadagalvaru and Ors.Vs. State of Kerala and Anr ...

  • Decided on : 24-Apr-1973

Court : Supreme Court of India

Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1

... Amendment of the Constitution was that it inserted the following Acts in the Ninth Schedule to the Constitution:65. The Kerala Land Reforms (Amendment) Act, 1969 (Kerala Act 35 of 1969).66. The Kerala Land Reforms (Amendment) Act, 1971 (Kerala Act 25 of 1971).6. The petitioner then moved an application for urging additional grounds and for amendment of the writ petition in order to challenge the above Constitutional amendments ... Scheduled Castes, the Scheduled Tribes or the Indian Christians either in Parliament or in the legislature of any State...shall not be amended during a period of 10 years from the commencement of this Constitution. 1962. Part XIV of the Draft Constitution made reservation of seats in Parliament and State Legislatures for Muslims, Scheduled Castes, Scheduled Tribes and Indian Christians. The word "amended ... Acts in the Ninth Schedule to the Constitution:65. The Kerala Land Reforms (Amendment) Act, 1969 (Kerala Act 35 of 1969).66. The Kerala Land Reforms (Amendment) Act, 1971 (Kerala Act 25 of 1971).6. The petitioner then moved an application for urging additional grounds and for amendment of the writ petition in order to challenge the above Constitutional amendments.7. The Court allowed the application for urging additional grounds and for amendment ...

Nov 22 2010

Ajmeera Hari Naik Vs. Suman Rathod and nine others

  • Decided on : 22-Nov-2010

Court : Andhra Pradesh

... Act may be called as Scheduled Castes and Scheduled Tribes (Amendment) Act, 2002. 2. In this Act, unless the context otherwise requires- a) 'Scheduled Castes Order' means the Constitution (Scheduled Castes) Order, 1950 made by the President under Article 341 of the Constitution. b) "Scheduled Tribes Orders' means the Constitution (Scheduled Castes) Order, 1950, the Constitution (Uttar Pradesh) Scheduled Tribes Order, 1967 and the Constitution (Sikkim) Scheduled Tribes Order, 1978 made by the President under Article 342 of the Constitution 3.Amendment of Scheduled Castes Order- The Scheduled Castes Order is hereby amended ... Act, unless the context otherwise requires- a) 'Scheduled Castes Order' means the Constitution (Scheduled Castes) Order, 1950 made by the President under Article 341 of the Constitution. b) "Scheduled Tribes Orders' means the Constitution (Scheduled Castes) Order, 1950, the Constitution (Uttar Pradesh) Scheduled Tribes Order, 1967 and the Constitution (Sikkim) Scheduled Tribes Order, 1978 made by the President under Article 342 of the Constitution 3.Amendment of Scheduled Castes Order- The Scheduled Castes Order is hereby amended in the manner and to the extent specified in the First Schedule. 4.Amendment of Scheduled ...

Jan 04 2011

Prem Kumar Singh and others Vs. State of U.P. and others

  • Decided on : 04-Jan-2011

Court : Allahabad

... candidates from the Scheduled castes and scheduled tribes have been promoted to a particular cadre, the senior general candidate would regain his seniority on promotion in relation to the juniors who had been promoted against reserved vacancies. The Parliament on 4.1.2002 amended the Constitution by the Constitution (85th Amendment) Act, 2001 in order to give ... Amendment) Rules, 2007, hereinafter referred to as the Rules, 2007, which is under challenge. 54. The validity of said rule granting consequential seniority to the scheduled castes and scheduled tribes in the matter of promotion was assailed in a bunch of petitions before the Apex Court under Article 32 of the Constitution of India and the said matter was referred to the Constitution Bench. Interim orders ... provision of the Constitution viz. Article 16(4-A). 53. By the Constitution (77th Amendment) Act, 1995, Article 16 (4-A) was incorporated in the Constitution of India, introducing an enabling provision for providing reservation in promotion to scheduled castes and scheduled tribes. This came into force on June 17, 1995. By the Constitution (85th Amendment) Act, 2001, the words ... order dated 17.10.2007 expressly and elaborately mentions that in view of the 85th Amendment of the Constitution, the explanation to Rule 6 of the Rules, 1991 has become redundant and ineffective and as such the State Government has made the arrangement that irrespective of Rules 6, 7 and 8 of the said seniority Rules, the scheduled castes/scheduled ...

Nov 16 1992

Indra Sawhney etc. etc Vs. Union of India and others, etc. etc.

  • Decided on : 16-Nov-1992

Court : Supreme Court of India

Reported in : AIR1993SC477; [1992]Supp2SCR454; 1992DGLS(soft)768:1992Supp(3)SCC217

... the Constitution (Scheduled Castes) the Order, 1950 relating to States, and the Constitution (Scheduled Castes) Union Territories Order, 1951 relating to the Union Territories. Para (2) of the 1950 Order speaks of 'castes, races or tribes which are to be deemed Scheduled Castes in the territories of the States mentioned in the Order'. Para (3) of the Order (as amended by Act 108 of ... no caste-wise statistics had been collected. In fact, the identification of classes by the Commission was based on the realities prevailing in 1980 and not in 1931. It is brought to our notice that the same method had already been adopted in Section 5 of the Scheduled Castes and Scheduled Tribes Order (Amendment) Act, ... Scheduled Castes and Scheduled Tribes Order (Amendment) Act, 1976.270. Thirdly, the Commission cannot be said to have ignored this factual position and found fault with for relying on 1931 census. In fact, this position is made clear by the Commission itself in Chapter XII of its Report, the relevant paragraphs of which read thus:12.19 Systematic caste ... Amendment Act, provides for establishment of a Commission for the Scheduled Castes and Scheduled Tribes to be known as 'the National Commission for the Scheduled Castes and Scheduled Tribes'. Clause (5) prescribes the duties of the Commission. They are:(5) It shall be duty of the Commission-(a) to investigate and monitor all matters relating to the safeguards provided for the Scheduled Castes and Scheduled Tribes under this Constitution ...

Jul 24 1987

L.R. Naik Vs. State of Karnataka

  • Decided on : 24-Jul-1987

Court : Karnataka

Reported in : ILR1987KAR2521

... of the Constitution, the President of India, in the first instance, issued two orders- (a) The Constitution (Scheduled Castes) Order, 1950 and (b) The Constitution (Scheduled Tribes) Order 1950. The first amendment to these orders was made by Parliament vide, Scheduled Castes and Scheduled Tribes (Modification Orders) 1956, which came into force from 29th October 1956, In 1976, Central Act was enacted to provide for the inclusion in and the exclusion from the Scheduled Castes and Scheduled Tribes, for ... certain provisions of the Act. Section 2(31) of the Act defines Scheduled Castes and Scheduled Tribes as Scheduled Castes and Scheduled Tribes specified in respect of the State of Karnataka in the Constitution (Scheduled Castes) Order 1950 and the Constitution (Scheduled Tribes) Order 1950 for the time being in force. Section 4 of the Act makes a provision for declaration of Mandal and establishment of Mandal Panchayats. This Section has undergone an amendment under which in ... fixed for Scheduled Castes and Scheduled Tribes.18. Before dealing with the merits of the contentions, it would be appropriate to analyse certain provisions of the Act. Section 2(31) of the Act defines Scheduled Castes and Scheduled Tribes as Scheduled Castes and Scheduled Tribes specified in respect of the State of Karnataka in the Constitution (Scheduled Castes) Order 1950 and the Constitution (Scheduled Tribes) Order 1950 for the time being in force. Section 4 of the Act makes ...

Jul 17 2013

DR.JYOTI HYANKEY Vs. UNION PUBLIC SERVICE COMMISSION

  • Decided on : 17-Jul-2013

Court : Delhi

... Scheduled Castes Order, 1962 the Constitution (Pondicherry) Scheduled Castes Order, 1964@ the Constitution (Uttar Pradesh) Scheduled Tribes Order, 1967@ the Constitution (Goa, Daman and Diu) Scheduled Castes Order, 1968@ the Constitution (Goa, Daman and Diu) Scheduled Tribes Order, 1968 the Constitution (Nagaland) Scheduled Tribes Order, 1970@ the Constitution (Sikkim)Scheduled Castes Order, 1978@ the Constitution (Sikkim) Scheduled Castes Order, 1978, the Constitution (Sikkim) Scheduled Castes Order, 1978, the Constitution (Jammu and Kashmir) Scheduled Tribes Order, 1989 @ the Constitution (SC) Order (Amendment) Act, 1990@ the Constitution (ST) Order (Amendment) Act, 1991@ the Constitution(ST) Order (Second Amendment) Act, 1991@ the Constitution(Scheduled Castes) Order (Amendment) Act, 1991 the Constitution (Scheduled Castes) Order (Amendment) Act, 2002 @ the Constitution Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 2002@ the Constitution(Scheduled Castes) Order ...

Nov 27 1987

Gujarat Dalit Civil & Constitutional Rights Pratipadan Samiti and etc. ...

  • Decided on : 27-Nov-1987

Court : Gujarat

Reported in : AIR1988Guj197; (1988)1GLR290

... does not possess power of including any caste Hindu community or person or group of persons who never suffered untouchability and resultant disability in the schedule made by President in exercise of the powers conferred under Article 341 of the Constitution. It has been further stated that the Scheduled Castes Order (Amendment) Act, 1976 in so far as it covers ... schedule made by President in exercise of the powers conferred under Article 341 of the Constitution. 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 ... 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. Parmar, the learned counsel appearing for the petitioner formulated five points for the purpose of addressing his argument. They are: (1) By the Act ... members of Scheduled Caste and whether the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act. 1976 (hereinafter referred to as 'the Amendment Act') in so far it deleted the entry 'In the district of Dangs and Umbergaon Taluka of Surat District - Mochi '- specified in Part IV Gujarat of the Scheduled to the Constitution (Scheduled Caste) Order, 1950 and in so far as it has included 'Mochi' caste ...

Sep 12 2012

Deepak Kumar and Others Vs. District And Sessions Judge, Delhi and Oth ...

  • Decided on : 12-Sep-2012

Court : Delhi

... Scheduled Caste and Schedules Tribes notified under the Presidential Notification. The Constitution (Scheduled Castes) Order, 1950, the Constitution (Scheduled Tribes) Order, 1950 and the Constitution (Scheduled Castes) (Union Territories) Order, 1951, Constitution (Scheduled Castes) (Union Territories) Order, 1951, Constitution (Scheduled Tribes) (Union Territories) Order, 1951 were the first Presidential Notifications issued under Article 341 and Article 342 of the Constitution of India specifying Scheduled Castes and tribes in relation to various States and Union Territories. The Order of 1950 was amended by the Constitution (Scheduled Castes and Scheduled Tribes Order), Amendment Act, 1956, (Act ... Constitution (Scheduled Castes) Order, 1950, the Constitution (Scheduled Tribes) Order, 1950 and the Constitution (Scheduled Castes) (Union Territories) Order, 1951, Constitution (Scheduled Castes) (Union Territories) Order, 1951, Constitution (Scheduled Tribes) (Union Territories) Order, 1951 were the first Presidential Notifications issued under Article 341 and Article 342 of the Constitution of India specifying Scheduled Castes and tribes in relation to various States and Union Territories. The Order of 1950 was amended by the Constitution (Scheduled Castes and Scheduled Tribes Order), Amendment Act, 1956, (Act 63/1956). Another amending Act ...

Feb 25 2000

Channala Ramachandra Rao Vs. State of A.P. and others

  • Decided on : 25-Feb-2000

Court : Andhra Pradesh

Reported in : 2000(2)ALD652; 2000(2)ALT655

... Constitution, Section 23 was amended in the Act. This provision provided reservation of seats in favour of Scheduled Castes, Scheduled Tribes, Backward Classes and women. Respondent No.4 reserved the post of Chairperson of Jaggaiahpet Nagar Panchayat in favour of backward class citizens without any data or material though backward classes do not constitute ... alia, provides that the State Government shall by order determine the number of seats to be reserved for Scheduled Castes, Scheduled Tribes, Backward Classes and for women. Section 7 lays down that in every Corporation, seats shall be reserved for Scheduled Castes, Scheduled Tribes and Backward Classes. There is ... Constitution (Amendment) Act, 1992 as ultra vires Article 243-G and other provisions of the Constitution. Before the Division Bench of Allahabad High Court inter alia the issues that were urged are that the guidelines or circulars issued by the State Government for the establishment of Gram Panchayats have been violated; that Gram Panchayats have been reserved for Scheduled Castes, Scheduled ... Scheduled Castes, ScheduledTribes and Backward Classes in descending order and then identified the offices of Chairpersons from the top ignoring the Municipalities which were already reserved in the earlier list. This method, which might result in reserving the office of Chairperson for Scheduled Castes, Scheduled Tribes and Backward Classes even where the population of these categories is negligible, is against the Constitutional ...

Apr 27 2012

U.P.Power Corp.Ltd. Vs. Rajesh Kumar And Ors.

  • Decided on : 27-Apr-2012

Court : Supreme Court of India

... Scheduled Castes and Scheduled Tribes with consequential seniority as engrafted under Articles 16(4A) and 16(4B) and the facet of relaxation grafted by way of a proviso to Article 335 of the Constitution of India being incorporated by the Constitution (Seventy-seventh Amendment) Act,1995, the Constitution (Eight-first Amendment) Act, 2000, the Constitution(Eighty-second Amendment) Act, 2000 and the Constitution (Eighty-fifth Amendment) Act ... Scheduled Castes/ Scheduled Tribes are duly notified as such in the Presidential list by virtue of Articles 341 and 342 of the Constitution.Their exclusion from the list can alone be done by the amendment of the Presidential Order and hence, any kind of collection of data as regards the backwardness is an exercise in futility. The concept of creamy layer principle cannot be applied to Scheduled Castes/ Scheduled ... Amendment Act, the Objects and Reasons and the proviso inserted to Article 335 of the Constitution and held thus: -"98. By the Constitution (Eighty-Second Amendment) Act, 2000, a proviso was inserted at the end of Article 335 of the Constitution which reads as under: "Provided that nothing in this article shall prevent in making of any provision in favour of the members of the Scheduled Castes and the Scheduled ...

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