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Supreme Court of India 2018-08-30 disposed

Bir Singh vs Delhi Jal Board & Ors

Bench: 5 — Ranjan Gogoi, R. Banumathi

In Brief

The Supreme Court resolved a longstanding constitutional question about the scope of reserved-category benefits for migrant Scheduled Castes and Tribes. The Court held that a person recognised as SC/ST in their original State cannot claim such status in another State or Union Territory where they are not notified, except for All-India Services and higher central services recruited on pan-India basis. Pan-India reservation for subordinate posts in Union Territories violates the constitutional scheme under Articles 341 and 342. The Presidential Orders specifying SC/ST lists for each State/Territory cannot be altered except by Parliament. This clarifies the balance between Article 16(4)'s enabling power and Articles 341-342's territorial limitations on SC/ST status.

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Constitutional Law Scheduled Castes and Scheduled Tribes Reservation in Employment Articles 341 and 342 Article 16(4) Union Territories Federal Structure Public Services Affirmative Action Equality of Opportunity

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