Monday, 24 November 2014

The benefit of the reservation in public employment for the Scheduled Castes or Scheduled Tribes would be available in all the State or Union Territory irrespective of whether a Caste or Tribe is Scheduled or not in Presidential Notification of later State or Union Territory.


                    

                     The benefit of the Scheduled Caste and Scheduled Tribe’s Status by obtain Caste Certificate would be available only in the State or Union Territory in respect of which the Caste or Tribe is so specified. But according to Article 16 (1) (2) (3) & (4) of the Constitution of India, the benefit of the reservation in public employment for the Scheduled Castes or Scheduled Tribes would be available in all the State or Union Territory irrespective of whether the Caste or Tribe is Scheduled or not in Presidential Notification of later State or Union Territory. Member of the Scheduled Castes and the Scheduled Tribes so specified would be entitled to enjoy all the Constitutional rights that are enjoyable by all the Citizens of India.

                     The provision of Article 16 (3) read with Articles 341 (2) and 342 (2) of the Constitution of India is invests the Parliament, and Parliament only with exclusive jurisdiction to provide for residential qualifications in relation to public employment, even in States. This is consistent with the intention of the Constitution to exclude all other authorities from enacting or providing for residential qualifications. Thus, State Legislatures and other wings such as the Union Executive, whether in relation to State employment or local authority employment, or Union or Union Territory employment, are not competent to make such residential provisions. Consequently, States or even Union Government cannot add to, or subtract from the conditions slept out by the SC/ST Orders, either in relation to States or Union Territories.

Sunday, 9 February 2014

SC or ST persons moved from his/her State or UT of his/her permanent place of residence into another State or UT within a territory of India, he/she cannot be said to have migrated into another State or UT within the territory of India.


             
            A meaning of word "migration", "ordinarily resident ", “domicile” and “origin” are briefly explained by Five Judge Bench of the earlier Hon’ble Apex Court in the Case of SMT. SHANNO DEVI Vs. MANGAL SAIN Reported in 1961 AIR 58, : 1961 SCR (1) 576 as follows :-
                 
                 For all these reasons it appears clear that when the framers of the Constitution used the words "migrated to the territory of India" they intended "come to the territory of India with the intention of residing there permanently". The only explanation of 'their not expressly mentioning "domicile" or the "intention to reside permanently" in Art. 6 seems to be that they were confident that in the scheme of this Constitution the word "1st   migration" could only be interpreted to mean "come to the country with the intention of residing there permanently".
                
             In support of this contention is that the word ’migrate’ means going to another Country an intention of residing there permanently or a person  come from another country with an intention for residing permanently to a Country.

                  In other words, under the Article 6 of the Constitution of India though at the point of time “a person moved from his permanent place of residence of a State into a new place of another State within a Country, he cannot be said to have migrated to this place or State/UT within a Country.”

                Meaning of "migration", “domicile”, “origin” and "ordinarily resident" are given under the  Article 5,6,7 and 8 of the Constitution of India.