Case Note & Summary
The appellant, a society registered under the Societies Registration Act, 1860, filed a writ petition in the High Court of Orissa challenging the application of the Representation of the People Act, 1950 and the Delimitation Act, 2002 to the Sundargarh Scheduled Area in Orissa. The appellant contended that under Clause 5(1) of the Fifth Schedule to the Constitution, no Central or State law applies to a Scheduled Area unless the Governor issues a specific notification to that effect. Since no such notification was issued for the 1950 Act and the 2002 Act, they argued that these laws were inapplicable. Consequently, they sought a declaration that only Scheduled Tribe members could reside, vote, and contest elections in the Scheduled Area, and that all constituencies should be reserved for Scheduled Tribes under Articles 330 and 332. The High Court dismissed the petition. On appeal, the Supreme Court examined the scope of Clause 5(1) of the Fifth Schedule. The Court held that Clause 5(1) applies only to laws made by the State Legislature, not to laws made by Parliament. The Representation of the People Act, 1950 and the Delimitation Act, 2002 are Central laws enacted by Parliament, and therefore they apply to Scheduled Areas without any requirement of a Governor's notification. The Court further held that the right to vote under Article 326 is a constitutional right available to all citizens, and non-tribals residing in Scheduled Areas are entitled to vote and contest elections. The Fifth Schedule does not create an exclusive zone for Scheduled Tribes. The appeal was dismissed, affirming the High Court's judgment.
Headnote
A) Constitutional Law - Fifth Schedule - Applicability of Laws to Scheduled Areas - Clause 5(1) of Fifth Schedule - The provision requiring notification by Governor for application of laws to Scheduled Areas applies only to laws made by the State Legislature, not to laws made by Parliament. Therefore, the Representation of the People Act, 1950 and the Delimitation Act, 2002, being Central laws, apply to Scheduled Areas without any specific notification. (Paras 1-3) B) Election Law - Right to Vote - Scheduled Areas - Articles 326, 330, 332 of Constitution - The right to vote is conferred by Article 326 on all citizens of India, irrespective of caste or tribe. Non-tribals residing in a Scheduled Area are entitled to vote and contest elections. The Constitution does not create exclusive voting rights for Scheduled Tribes in Scheduled Areas. (Paras 1-3) C) Constitutional Law - Fifth Schedule - Purpose - Protection of Tribal Interests - The Fifth Schedule is intended to protect tribal interests through special regulations, but it does not exclude non-tribals from residing, voting, or contesting elections in Scheduled Areas. The provisions of the Representation of the People Act and Delimitation Act are not inconsistent with the Fifth Schedule. (Paras 1-3)
Issue of Consideration
Whether the Representation of the People Act, 1950 and the Delimitation Act, 2002 require a specific notification under Clause 5(1) of the Fifth Schedule to apply to a Scheduled Area, and whether non-tribals residing in a Scheduled Area are disentitled to vote or contest elections.
Final Decision
The Supreme Court dismissed the appeal, holding that the Representation of the People Act, 1950 and the Delimitation Act, 2002 apply to Scheduled Areas without any specific notification under Clause 5(1) of the Fifth Schedule, as that clause applies only to State laws. Non-tribals have the right to vote and contest elections in Scheduled Areas.
Law Points
- Fifth Schedule
- Clause 5(1) does not require specific notification for laws of Parliament to apply to Scheduled Areas
- Representation of the People Act
- 1950 and Delimitation Act
- 2002 apply to Scheduled Areas
- Right to vote is a constitutional right under Article 326
- not dependent on tribal status
- Scheduled Areas are not exclusive zones for Scheduled Tribes.
