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2018 Supreme(Mad) 738

INDIRA BANERJEE, ABDUL QUDDHOSE
Fisherman Care, Registered Association, Rep by its President, L. T. A. Peter Rayan, Chennai – Appellant
Versus
Union of India, Rep. by the Secretary, Ministry of Law and Justice, New Delhi – Respondent


Advocates Appeared:
For the Petitioner:V. Raghavachari, L.P. Maurya, Advocates.
For the Respondents: J. Madhanagopal Rao, Senior Central Government Standing Counsel, Niranjan Rajagopal, E. Manoharan, Addl. Government Pleader.

JUDGMENT :

INDIRA BANERJEE, J.

1. This writ petition has been filed seeking orders on the respondents 1 and 2, being the Union of India, represented by the Secretary, Ministry of Law and Justice, New Delhi and the Chief Election Commissioner, New Delhi, to include the Fishermen community in the list of Scheduled Castes and consequently to consider reservation of six Legislative Constituencies and three Parliamentary Constituencies, in the areas of their concentration in Tamil Nadu.

2. Article 341 of the Constitution of India empowers the President to specify by public notification the castes, races or tribes or parts of or groups within castes, races or tribes which are be deemed to be Scheduled Castes for the purpose of the Constitution, after consultation with the Governor and by public notification.

3. The list of Scheduled Castes is now contained in the Constitution (Scheduled Castes) Order, 1950 promulgated by the President of India in exercise of power under Article 341 of the Constitution of India, as amended by the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, Section 41 of the State Reorganization Act, 1956, and the Punjab Reorganization Act, 1966.

4. The word “


















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