BK MANISH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE main point involved in this Public Interest Litigation (PIL) is, 'Whether the Governor ought to have framed the Chhattisgarh Tribes Advisory Council Rules, 2006 (the Rules) under sub-paragraph 3 of paragraph 4 {4(3)} of the fifth Schedule of the Constitution on his discretion or the Rules framed by the State of Chhattisgarh (the State) and authenticated on his behalf are sufficient compliance of law.'

(2.) THE scheduled tribes (ST) are the most backward class in our society and special provisions are required for their protection and their land. Part X of the Constitution is titled 'The Scheduled and Tribal Areas'. It has two articles namely 244 and 244A.

(3.) PART C of the Fifth Schedule is titled as 'Scheduled Areas'. It has one paragraph namely 6. Under this paragraph, the President is entitled to declare any area as scheduled area and some areas within the State have also been declared as scheduled areas. A list of these areas has been appended as Appendix-1. The impugned Rules have been framed under the fifth Schedule of the Constitution for protection of this area and the scheduled tribes.