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Section 2 – The Government of National Capital Territory of Delhi Act, 1991

The Government of National Capital Territory of Delhi Act, 1991

 

1. Short title and commencement.—

 

2. Definitions. — In this Act, unless the context otherwise requires,-

 

(a) “article” means an article of the Constitution;

 

(b) “assembly constituency” means a constituency provided under this Act for the purpose of elections to the Legislative Assembly;

 

(c) “capital” means the National capital Territory of Delhi;

 

(d) “election commission” means the Election Commission referred to in Article 324;

 

(e) “Legislative Assembly” means the Legislative Assembly of the National Capital territory of Delhi;

 

(f) “Scheduled Castes” , in relation to the Capital, means such castes, races or tribes or part of or groups within such castes, races or tribes as are deemed under Article 341 to be Scheduled Castes in relation to the

Capital .

 

NOTE

 

Article 341 empowered the President to specify not only the entire castes but tribes or parts or groups within castes, races or tribes which were to be treated as Scheduled Castes in relation to a particular caste, So far as Chamars and Mochis are concerned, it will be noted from a reference to the same caste in all the different States. For instance, in the states of Andhra Pradesh, Bihar, Gujarat, Kerala, Madhya Pradesh, Madras, Maharashtra, Mysore, Orissa, Rajasthan and West Bengal, chamars and Mochis were put on the same footing. It would not be of any use to look into the gazetteers and the glossaries on the Punjab castes and tribes to which reference was made at the Bar to find out whether Mochi and chamar in some parts of the State at least meant the same caste although there might be some difference in the professions followed by their members, the main difference being that Chamars skin dead animals which Mochis do not. However that may be, the question not being open to agitation by evidence and being one the determination of which lies within the exclusive power of the President, it is not for the Court to examine it and come to a conclusion that if a person was in fact a Mochi, he could still claim to belong to the Scheduled Caste of Chamars and be allowed to contest an election on that basis parasram Vs. Shivachan (1969) 1 SCC 20,22,24: (1969) 2 SCR 997: AIR 1969 SC 597: (1969) I SCJ 916: 40 ELR 296.

 

In order to determine whether or not a particulars caste is a Scheduled Caste within the meaning of Article 341 one has to look at the public notification issued by the President in that behalf . Bhiya Lal Vs. Harikishan Singh , (1965) 2 SCR 877, 881; AIR 1965 SC 1557, 1559: (1965) 2 SCJ 77.

 

The name by which a tribe or sub tribe is known is not decisive. Even if the tribe of a person is different from the name included in the Order issued by the President, it may be shown that the name included in the Order is a general name applicable to sub tribes.

 

It is not the case of the first respondent that Patars are a distinct community, but that they should be regarded as Mundas because of the similarity of customs, religious beliefs, forms of worship and other social obligations, Bhaiya Ram, Munda Vs. Anirudh Patar, (1970) 2 SCC 825, 832,834: (1971) 1 SCR 804: AIR 1971 S C 2533.

 

 

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The Government of National Capital Territory of Delhi Act, 1991

 

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