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Swami Sadashiva Brahmendra Sar (Nil)     06 December 2010

Legal quiz - Scheduled Tribe

 State Government has declared a community as Scheduled Tribe .

Can this declaration be enforced by the Court ?



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 5 Replies

Arup (UNEMPLOYED)     06 December 2010

state govt has the power originated from the constitution to decleare a perticular caste or tribe as scheduled caste or tribe.

after the declaration everyone of this caste or tribe will get the benifit of sc and st all over the india.

therefore the question, declaration be enforced by the Court , does not arise.

perhaps you want to say that, - if one desires to entire his caste or tribe on the state scheduled, what he can do.

sometimes they go on agitation and some appeal to the court with their plea.

Swami Sadashiva Brahmendra Sar (Nil)     07 December 2010

Indication: Pin point in above quiz -

Declaration has been made by State Government and not by the President of India .

Arup (UNEMPLOYED)     07 December 2010

Declaration has been made by State Government and not by the President of India

 

- yes we know it.  the power vested upon the state govt, but president put his seal and sign as a head of the state.

where is the quiz?

Swami Sadashiva Brahmendra Sar (Nil)     08 December 2010

No sir,

with respect to scheduled castes (Art. 342) and scheduled tribes (Art 343)power is vested in central government (President) who notifies a community as SC or ST . Notification is to be made by President after consultation with Governor  and not by the Governer .

Here state Government has issued the notification declaring a community as S.T.

Arup (UNEMPLOYED)     14 December 2010

please read the concerned part of the constitution.


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