HC says can't exclude Banjaras from ST list

Telangana |  Suryaa Desk  | Published : Thu, Jul 05, 2018, 03:51 PM

The Hyderabad High Court on Wednesday refused to entertain a petition seeking to declare as illegal, a law which recognises Banjaras (Lambadas and Sugalis) as Scheduled Tribes. The court said both communities form a distinct class and their inclusion in Schedule II to the Central Act No. 108 of 1976, has not been shown to be violative of Article 14 of the Constitution.


A division bench comprising Acting Chief Justice Ramesh Ranganathan and Justice J. Uma Devi said: “Since Parliament has exercised its power, under Article 342 (2) of the Constitution, to make the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 (Central Act 108 of 1976) including Lambadis and Sugalis in the list of STs, it is Parliament alone which can exercise its power to make a law to exclude them from the list of STs.”


The bench was dismissing a petition filed by the Gondwana Welfare Society of Adilabad represented by its president Ada Hanmanth Rao challenging the Act as illegal and violative of Article 342 (which relates to Scheduled Tribes) of the Constitution. He had challenged the recognition accorded to Banjaras (Lambadis and Sugalis) as STs in the Telangana area of the erstwhile undivided AP.








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