Dr. D.Y. CHANDRACHUD, J.

THE CONTOURS OF THE CASE

The questions that arise before the Full Bench for determination relate to the standards which have to be applied in determining whether or not an applicant belongs to a designated Scheduled Tribe. Article 342 of the Constitution empowers the President to specify caste, races or tribes or parts or groups within them which shall be deemed to be Scheduled Tribes in relation to a State or a Union Territory. The power to include in or to exclude from the lists of Scheduled Tribes specified in a notification issued by the President is vested in Parliament. Pursuant to Article 342, the Scheduled Tribes were notified by the Constitution (Scheduled Tribes) Order, 1950. This was followed by the Scheduled Castes and Scheduled Tribes Order (Amendment) Act, 1956. In 1976 Parliament enacted the Scheduled Castes and Scheduled Tribes Order (Amendment) Act, 1976. Part IX of the Third Schedule to the Amending Act specifies Scheduled Tribes for the State of Maharashtra. Among the Scheduled Tribes which have been specified are:

(1) Mahadev Koli, Malhar Koli, Tokre Koli (Entries 28, 29 and 30);

(2) Dhanwar (Entry No.14)

(3) Thakur, Thakar,