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2010 Supreme(SC) 50

K. G. BALAKRISHNAN, P. SATHASIVAM, J. M. PANCHAL
Union of India – Appellant
Versus
Rakes Kumar – Respondent


Advocates Appeared:
Gopal Subramanium, ASG, Dr. Rajeev Dhawan (N.P.), P.S. Mishra (N.P.), S.B. Upadhyay (N.P.), M.N. Krishnamani (N.P.), Nagendra Rai, (N.P.), Sr. Advs. Tapesh Kumar Singh, Balaji (for B. Krishna Prasad), Amlan Kumar Ghosh, Prashant Bhushan, Bhupender Yadav, Vikramjit Banerjee, R.C. Kohli, Saket Singh, Ms. Niranjana Singh, Vikram, Braj Kishore Mishra, Ujjwal K. Jha, Arup Banerjee, Kshtrashal Raj, Braj K. Mishra, M/S. T.T.K. Deepak & Co., (NP) Nikhil Nayyar, T.V.S. Raghavendra Sreyas, Sumeet Gagodra, Amboj Agrawal, Dr. M.P. Raju, Ms. Mary Scaria, P. George Giri, Ms. Y.Kalivi Zhimomi, Ashwani Bhardwaj, Santosh Mishra, Rajesh Ranjan Dubey, Dhruv Kumar Jha, Jayesh Gaurav, Shiv Mangal Sharma, Upendra Mishra, Pawan Upadhyay, Ms. Sharmila Upadhyaya, Chinmoy Khaladkar, Shailendra Narayan Singh, Mrs. Neelam Kalsi, Vimal Chandra S. Dave, Sanjay R. Hegde, Anil Kr. Mishra, A. Rohen Singh, Amit Kr. Chawla, Vikrant Yadav, R. Venkataraman, Manish Kumar Saran, Nirmal Kumar Ambastha, Delip Jerath, Ms. Ruchira Gupta, Bhawesh Kumar, (For Ashok Mathur), Ms. Kumud Lata Das, D.N. Goburdhan, (N.P.) Ajit Kumar Sinha, (NP), Advs., with them for the appearing parties.

JUDGMENT

K.G. Balakrishnan, CJI, J. —

1. Leave granted.

2. For a considerable period during the British Rule, special laws were made applicable to certain ‘backward areas’ in India that were predominantly occupied by tribal people. These backward regions covered an area of more than 1,20,000 square miles. However, the characteristics of these areas and their populations varied widely. By Act XIV of 1874, Santhal Parganas and Chutia Nagpur Division (now known as Chhotanagpur Division) were created and in these ‘Scheduled districts’, tribal communities were accorded a certain degree of autonomy to regulate their affairs on the basis of their own conventions and traditions. Many of these communities chose their leaders through an informal consensus among other customary methods for selection. When the Constitution was enacted, these areas were designated as ‘Scheduled Areas’. Article 244 of the Constitution explicitly states that the provisions of the Fifth Schedule shall apply in respect of the administration and control of the Scheduled Areas in any State other than the States of Assam, Meghalaya, Tripura and Mizoram. The provisions of the Sixth Schedule guide the administration of





























































































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