Non-Scheduled Tribe persons have the right to settle and participate in the election process in the Scheduled Areas which are scheduled for the Scheduled Tribes community. The Supreme Court has made this observation in the case of Adivasi for Social and Human Rights Action vs. Union of India.The Supreme Court refused to accept the contention of the appealant (Aadivasi for social and human right action) that The fifth schedule of the constitution prohibits a non-tribal person to settled in an area scheduled for tribals and participating in the election process. The appellants contended that in the absence of notification issued by the Governor of the State under Clause 5 (1) of the Fifth Schedule to the Constitution, the provisions of the Representation of the People Act, 1950 and the Delimitation Act, 2002 do not apply to the Scheduled Tribes in the Scheduled Areas. The present appeal was filed by the appellant against the judgment of the Orissa High Court. The Orissa High Court dismissed the petition of the appellant stating that No one other than the Scheduled Tribe persons has the right to settle in the Scheduled Area for the Scheduled Tribes. Persons who are not members of Scheduled Caste community yet living in Scheduled Area are illegal occupants. Such person belonging to non-Scheduled Caste community is not entitled to exercise his right to vote in any constituency in the Scheduled Area.The petitioner also submitted that every constituency in a Scheduled Area is a reserved constituency under Articles 330 and 332 of the Constitution.The petition sought that anyone other than persons belonging to the Scheduled Tribe community in the Scheduled Area should be barred from contesting elections to the Lok Sabha and Vidhansabha. The Orissa High Court disagreed with the arguments of the petitioner and refused to grant the relief sought by him. While hearing the appeal, a division bench of Justice Abhay S. Oka and Justice Rajesh Bindal said that All Central and State level laws are applicable to the Scheduled Areas until the Governor of the State, In exercise of its constitutional powers, it does not issue any such notification that a certain law shall not apply to the Scheduled Areas or shall apply with certain modifications. Provided that if the Governor of the State does not issue any specific notification regarding any law, then all Central and State level laws become applicable in the Scheduled Areas like other areas.There is no need for the governor to issue a notification to make any law applicable to the scheduled areas. The court also refused to accept the contention of the appellant that The Fifth Schedule of the Constitution imposes restrictions on the settlement of persons belonging to non-Scheduled Tribe communities in the Scheduled Areas and participation in the election process. The court held that the Fifth Schedule of the Constitution does not impose any restrictions on the fundamental rights conferred by Article 19(1). Every citizen of India has the right to settle and reside in any part of the country unless the Parliament by law under Article 19(5) imposes any reasonable restriction on the fundamental rights. Non-Scheduled Tribes also have the right to live, settle and participate in the election process in the Scheduled Tribes area. The court also refused to accept the contention of the appellant that every constituency in a Scheduled Area is a reserved constituency under Articles 330 and 332 of the Constitution.Only a person belonging to a Scheduled Tribe community can be a candidate in an election from a Scheduled Area.A person belonging to a community other than a Scheduled Tribe cannot contest an election from a Scheduled Area.In this regard, the court said that all scheduled areas cannot be reserved for persons belonging to the Scheduled Tribe community.There is no provision for reservation for the Lok Sabha and State Assemblies other than the provision of reservation for Scheduled Castes and Scheduled Tribes in Articles 330 and 332 of the Constitution.
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fifth scheduleschedule
fundamental rights
governer notifinotification
law applicable
Non schedule tribe
participate in election processprocess
reserved area
right to settled
schedule area