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2013 Supreme(Chh) 102

YATINDRA SINGH, PRITINKER DIWAKER
B. K. Manish – Appellant
Versus
State of Chhattisgarh – Respondent


JUDGMENT

1. The main point involved in this Public Interest Litigation (PIL) is.

Whether the Governor ought to have framed the Chhattisgarh Tribes Advisory Council Rules, 2006 (the Rules) under sub-paragraph 3 of paragraph 4(4(3)) of the fifth Schedule of the Constitution in his discretion or the Rules framed by the State of Chhattisgarh (the State) and authenticated on his behalf are sufficient compliance of law.

THR FACTS

2. The scheduled tribes (ST) are the most backward class in our society and special provisions are required for their protection and their land. Part X of the Constitution is titled. The Scheduled and Tribal Areas. It has two articles namely 244 and 244A.

3. The Fifth Schedule has been inserted in the Constitution under Article 244(1) of the Constitution for protection of the tribal land in the States other than Assam, Meghalaya, Tripura and Mizoram; whereas, the Sixth Schedule has been inserted in the Constitution for their protection of their protection in the State of Assam, Meghalaya, Tripura and Mizoram under Articles 244(2) and 275 (1) of the Constitution.

4. Part C of the Fifth Schedule is titled as Scheduled Areas. It has one paragraph namely 6. Under this p

















































































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