EDWINGSON BAREH Vs. STATE OF ASSAM

JUDGEMENT

(1.) THESE two rules raise common questions of law and are disposed of by one judgment. Mainly the validity of the Notification No. TAD/R/50/64 issued by the Governor of Assam on the 23rd November 1964 has been challenged. This notification will be referred to as 'the Notification' hereinafter and reads as follows:

(2.) ARTICLE 244(2) of the Constitution provides that the provisions of the Sixth Schedule shall apply to the administration of the tribal areas in the State of Assam. This Article does not define the tribal areas in the State of Assam. It only provides that whatever is the tribal area in the State of Assam will be governed by the provisions of the Sixth Schedule. What are the tribal areas in the State of Assam are set out in Paragraph 20 of the Sixth Schedule. Paragraph 21 of the Sixth Schedule provides:

(3.) AT this stage it will be convenient to set out certain relevant provisions of the Constitution. Paragraph 1 of the Sixth Schedule reads as follows: