Chandigarh Housing Board vs Tarsem Lal 2024 IINSC 119 :: [2024] 2 S.C.R. 371 -Article 342 Constitution – Schedule Tribe – Presidential Notification

Constitution Of India, 1950; Article 342 – The Presidential notification of a tribe or tribal community as a Scheduled Tribe by the President of India under Article 342 is a sine qua non for extending any benefits to the said community in any State or U.T. – This implies that a person belonging to a group that is recognized as a Scheduled Tribe in a State would be recognized a Scheduled Tribe only within the said State and not in a U.T. where he migrates if no such Presidential notification exists in the said U.T – insofar as a person claiming benefit having regard to his status as a Scheduled Tribe in a State, when he migrates to a Union Territory where a Presidential Order has not been issued at all insofar Scheduled Tribe is concerned, or even if such a Notification is issued, such an identical Scheduled Tribe does not find a place in such a Notification, the person cannot claim his status on the basis of his being noted as a Scheduled Tribe in the State of his origin. (Para 26,29)

Leave a Comment

Your email address will not be published. Required fields are marked *