Case Summary: Adivasis For Social And Human Rights Action vs Union Of India & Ors (2023)
Name of the Court: In The Supreme Court Of India
Case No: Civil Appeal No. 2202 Of 2012
Citations: (2023) 05 SC CK 0028
Date of Decision: 10-05-2023
Appellant: Adivasis For Social And Human Rights Action
Respondent: Union Of India & Ors
Bench: Abhay S. Oka, J ; Rajesh Bindal, J (Division Bench)
Final Decision: Dismissed
[Judgment Source]
https://courtkutchehry.com/Judgement/Search/t/2369022-adivasis-for-social-and-human?s=&refine_search=&s_acts=
Facts of the Case
In 1977, the President of India declared Sundargarh District in Orissa as a Scheduled Area under the Fifth Schedule. The appellant society challenged the applicability of Central and State laws in such Scheduled Areas, contending that unless the Governor issued a specific notification, such laws could not apply. They also argued that only Scheduled Tribe members could reside or contest elections in Scheduled Areas, and all constituencies therein should be reserved under Articles 330 and 332.
Law Points Raised
1. Whether Central/State laws automatically apply to Scheduled Areas without Governor’s notification.
2. Whether non-Scheduled Tribes can lawfully reside and vote in Scheduled Areas.
3. Whether all constituencies in Scheduled Areas must be reserved exclusively for Scheduled Tribes.
4. Whether the Representation of the People Act, 1950 and the Delimitation Act, 2002 apply in Scheduled Areas without Governor’s assent.
Acts / Provisions / Articles Referred
Constitution of India — Articles 16(1), 16(4), 19(1)(e), 19(5), 226, 244(1), 330, 332, 371D, 395.
Government of India Act, 1935 — Sections 91, 92(1).
Fifth Schedule — Clauses 5 and 6 (Scheduled Areas).
Judgments Referred
1. Raja Bahadur Kamakshya Narain Singh v. CIT Bihar (1947) FC 130.
2. Chatturam v. CIT AIR 1947 FC 32.
3. Chebrolu Leela Prasad Rao v. State of Andhra Pradesh (2021) 11 SCC 401 (Constitution Bench).
Obiter Dicta
The Court emphasized that Scheduled Areas enjoy special protection but that protection does not imply total exclusion of Central and State laws unless so notified. Governor’s power is to modify or exempt laws, not to create a legal vacuum.
Ratio Decidendi
All Central and State laws applicable to a State are presumed to apply to Scheduled Areas as well. The Governor’s notification under Paragraph 5(1) of the Fifth Schedule is only to exclude or modify specific laws, not a prerequisite for general applicability. Thus, Representation of the People Act, 1950 and Delimitation Act, 2002 are validly applicable in Scheduled Areas.
Final Ruling
The Supreme Court dismissed the appeal, affirming the Orissa High Court’s decision. It held that non-Scheduled Tribes can reside, vote, and contest elections in Scheduled Areas unless restricted by law, and that not all constituencies must be reserved. The Court rejected the argument that Scheduled Areas are entirely outside the purview of parliamentary and state laws. (See Paras 7–11).
Summary
This judgment clarified the constitutional position on Scheduled Areas, reinforcing that Central and State laws apply there by default. The Governor’s role is limited to carving exceptions or modifications where necessary. The Court preserved democratic rights in Scheduled Areas while respecting protective provisions for tribal communities.
[Judgment Source]
https://courtkutchehry.com/Judgement/Search/t/2369022-adivasis-for-social-and-human?s=&refine_search=&s_acts=