Niyam v2 is live — start for just ₹100 — 200 credits to try

may 2023

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.

ADIVASIS FOR SOCIAL AND HUMAN RIGHTS ACTION vs UNION OF INDIA · Niyam