Live Law

2024-02-08 05:32:34.0

  • Senior Advocate Mr Manoj Swarup begins his hearings, mentions about heterogeneity within castes .

    Swarup : 1. scheme of constitution, whether the state action at all fits in the scheme - 341 indeed the attachment point is heterogeneous, birth of that category takes place in 341 ....twice the word deemed is used in 341 and 366 for the purposes of the constitution...implication of word deemed is ...

    Sawrup : in 1950 two colors were being identified, the color of SC and the color of ST, there were shades of these colors ... the color of 341, the color of 342. Now they are shades...therefore the occasion arose that the term tribe was mentioned in both ways ...when they were classifying they found that these tribes were more akin to caste, other more akin to tribe ...

    CJI: the distinction between green and red according to your simily is not black and white . They shade into each other, there are some tribes which resemble casts but there is no corresponding inclusion of 342 of caste into tribe . Theyre are no caste which have been constitutionally been treated as tribes 

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