NDLI: Adivasis for Social and Human Rights Action Vs. Union of India & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Constitution of India 1950 : 5th Schedule – Power of Governor under
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Delimitation Act, 2002 (33 of 2002) Constitution of India, Representation of The People Act, 1951 (43 of 1951)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Constitution of India, 1950 : 5th Schedule – Power of Governor under – Application of Central and the State Acts to a Scheduled Area-District of Sundargarh in the State of Orissa without a specific notification making the said Acts applicable to the Scheduled Area issued by the Governor – Held: All the Central and the State laws which are applicable to the entire State of Orissa would continue to apply to the Scheduled Area unless, in exercise of powers under sub-clause (1) of Clause 5 of the Fifth Schedule, there is a specific notification issued by the Governor making a particular enactment inapplicable, either fully or partially – Power of the Hon’ble Governor under Clause 5 of the Fifth Schedule is restricted to directing that a particular law would not apply to the Scheduled Area it would apply with such modifications as may be specified in the notification issued under sub-clause (1) of Clause 5 of the Fifth Schedule or while making Regulations in terms of sub-clause (2) of Clause 5 of the Fifth Schedule – Power of the Governor under Clause 5 of the Fifth Schedule does not supersede the Fundamental Rights – Fundamental Rights conferred by sub-clause (e) of Art. 19(1) on the citizens can also be exercised in relation to the Scheduled Area. Art. 19(1)(e) – Right to reside – If the non-Tribals have right to settle down in Scheduled Area – Held: Under sub-clause (e) of Clause (1) of Art. 19, every citizen has a right to reside and settle in any part of the territory of India – However, by making a law, reasonable restrictions can be put on the said Fundamental Right – Even assuming that Fifth Schedule is a law, it does not put any constraints on the exercise of the Fundamental Rights under Art. 19(1) – Thus, it cannot be said that the non-tribals have no right to settle down in a Scheduled Area. Arts. 330 and 332 – Lok Sabha and the State legislative constituencies in a Scheduled Area – Reservation for the Schedules Tribes – Held: Reservation is required to be made in terms of Arts. 330 and 332 – These provisions do not provide that all the constituencies in the Scheduled Areas shall be reserved for Scheduled Tribes – Moreover, the 2002 Act is applicable to the Scheduled Area – Thus, the prayer to issue writ of mandamus, as regards the reservation for the Scheduled Tribes is rejected – Delimitation Act, 2002. Representation of People’s Act, 1950: Right to vote – Non-tribal’s right to vote in a Scheduled Area – Held : 1950 Act is applicable to the Scheduled Area – Right to vote would be governed by Part III of the 1950 Act – Every eligible voter is entitled to be registered in the electoral roll of a constituency, in which he is ordinarily residing – Thus, any person eligible to vote who is ordinarily residing in the Scheduled Area has a right to vote, even if he is a non-Tribal – It cannot be said that only a person belonging to Scheduled Area can cast a vote in election of constituencies in the scheduled area.
Judge	Hon'ble Mr. Justice Abhay.S. Oka
Neutral Citation	2023 INSC 512
Petitioner	Adivasis For Social And Human Rights Action
Respondent	Union Of India & Ors.
SCR	[2023] 5 S.C.R. 372
Judgement Date	2023-05-10
Case Number	2202

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