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        1994 (7) TMI 346 - SC - Indian Laws

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        State-specific Scheduled Caste and Scheduled Tribe status does not travel with migration into another State Articles 341 and 342 make Scheduled Caste and Scheduled Tribe notifications State-specific, so the protective status operates only in relation to the ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.

                          State-specific Scheduled Caste and Scheduled Tribe status does not travel with migration into another State

                          Articles 341 and 342 make Scheduled Caste and Scheduled Tribe notifications State-specific, so the protective status operates only in relation to the State or Union Territory for which the caste or tribe is specified. Migration to another State does not enlarge the territorial reach of that Presidential notification, even where a caste or tribe of the same nomenclature is also notified there. The constitutional scheme recognises that backwardness and the need for reservation may differ from State to State, and the right to move and settle anywhere in India does not carry reservation benefits across State lines. The earlier Constitution Bench position was reaffirmed.




                          Issues: Whether a person belonging to a Scheduled Caste or Scheduled Tribe in one State, on migration to another State where a caste or tribe of the same nomenclature is also notified, is entitled to claim the benefits and privileges attached to Scheduled Caste or Scheduled Tribe status in the State of migration.

                          Analysis: Articles 341 and 342 empower the President to specify castes and tribes in relation to a particular State or Union Territory, and those specifications operate only for that State or Union Territory. The constitutional scheme recognises that the social and educational disadvantages justifying protective preferences differ from State to State, and that a caste or tribe notified in one State may not have the same context or degree of backwardness in another State. The right to move and settle anywhere in India does not enlarge the territorial operation of a Presidential notification. The earlier Constitution Bench authority was reaffirmed, and the Court held that the same nomenclature in another State does not entitle a migrant to carry the reservation benefits of the State of origin into the State of migration.

                          Conclusion: A migrant Scheduled Caste or Scheduled Tribe member cannot benefits in the State of migration merely because the same caste or tribe is notified there; the claim is confined to the State in relation to which the caste or tribe is specified.

                          Ratio Decidendi: The constitutional notification of a Scheduled Caste or Scheduled Tribe is State-specific, and migration does not extend the benefit of that notification to another State.


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