Thursday, 28 March 2013

The State Government or Union Territory Administration cannot forced or legislate on requirement of local residence of Scheduled Castes or Scheduled Tribes for employment under the State Government or Union Territory Administration.


                    
             Under the Articles 341 (1) and 342 (1), those castes, tribes and race who are notified as Scheduled Castes or Scheduled Tribes in relation to that State or Union Territory, are entitled to all reservation benefits under the Scheme of Constitution of India is reinforced by the Presidential Notification in any State or Union Territories. Only Parliament can add castes, tribes and race or include such other castes, tribes and race in existing notification under the Articles 341 (2) or Article 342 (2) and such Scheduled Castes or Scheduled Tribes which is requirement of local residence in relation to that State or Union Territory for reservation in employment can only forced by Parliament by making a law under Article 16 (3) of the Constitution of India for prior to such employment or appointment within a State or Union Territory. The State Government or Union Territory Administration cannot legislate on this aspect; nor can the executives of Union or State Government, add to or alter the exiting list of Scheduled Castes or Scheduled Tribes notification issued in relation to a State or Union Territory, either through State legislation or through policies or orders or letters or circulars.