Supreme Court of India · 2023-05-10
ADIVASIS FOR SOCIAL AND HUMAN RIGHTS ACTION vs UNION OF INDIA
- Citation / case number
- SC 2010/28369
- Court
- Supreme Court of India
- Petitioner
- ADIVASIS FOR SOCIAL AND HUMAN RIGHTS ACTION
- Respondent
- UNION OF INDIA
- Author
- HON'BLE MR. JUSTICE ABHAY S. OKA
- Bench
- HON'BLE MR. JUSTICE RAJESH BINDAL HON'BLE MR. JUSTICE ABHAY S. OKA
Judgment text excerpt
The Supreme Court examined the validity of restrictions imposed on non-tribal residents in Scheduled Areas, particularly concerning their right to settle, vote, and contest elections. The Court analyzed provisions under the Fifth Schedule of the Constitution, especially Articles 330 and 332, and the powers of the Governor regarding notifications. It upheld the constitutional protections for Scheduled Tribes and the authority of the State to regulate settlement and electoral rights within Scheduled Areas, emphasizing the importance of safeguarding tribal interests. The judgment clarified the scope of legal restrictions and the procedural requirements for their implementation.