CHHATTISGARH HIGH COURT
, J
Manish B. K. and Others v. State of Chhattisgarh and Others
| Table of Content |
|---|
| 1. validity of the chhattisgarh tribes advisory council rules under the constitution. (Para 1 , 8 , 30) |
| 2. governor's rules framed under advice of council. (Para 3 , 4 , 46) |
| 3. scheduled tribes' protection and the scope of pil. (Para 15 , 16 , 18) |
| 4. rules framed are valid and not ultra vires. (Para 31 , 40 , 45) |
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".
2.THE FACTS
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 Art.244(1) of the Constitution for protection of the tribal land in the States other than Assam, Meghalaya, Tripura and Mizoram; w
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