Non-tribals have right to settle in Scheduled Area: SC

Satya Prakash

New Delhi, May 14

Noting that every citizen has a right to reside in any part of India subject to “reasonable restrictions”, the Supreme Court has ruled that even persons who are not tribesmen have the right to settle down and exercise the right to vote in a Scheduled Area under the Fifth Schedule of the Constitution.

“Under sub-clause (e) of Clause (1) of Article 19 of the Constitution, every citizen has a right to reside and settle in any part of the territory of India. However, by making a law, reasonable restrictions can be put on the said fundamental right as provided in Clause (5) of Article,” a Bench led by Justice AS Oka said in its May 10 verdict.

Can exercise the right to vote too

As far as the right to vote is concerned…the appellant cannot contend that only a person belonging to the Scheduled Tribes can vote in the Scheduled Area. —SC Bench

“The argument that the Fifth Schedule is a law made by Parliament is misconceived. Even assuming that the Fifth Schedule is a law, it does not put any constraints on the exercise of the fundamental rights under Article 19(1) of the Constitution,” it said. “As far as the right to vote is concerned, the 1950 Act is applicable to the Scheduled Area and therefore, the appellant cannot contend that only a person belonging to the Scheduled Tribes can cast a vote in elections of the constituencies in the Scheduled Area. The right to vote will be governed by Part III of the 1950 Act,” it said.

“Every eligible voter is entitled to be registered in the electoral roll of a constituency, in which he is ordinarily residing. Therefore, any person eligible to vote who is ordinarily residing in the Scheduled Area has a right to vote, even if he is a non­tribal,” the top court said, rejecting the contention of petitioner ‘Adivasis for Social and Human Rights Action’ of Odisha.

The petitioner had contended no one had the right to settle in the Scheduled Area, except for the members of the Scheduled Tribes and that every person, who didn’t belong to Scheduled Tribes and residing in the Scheduled Area, was an unlawful occupant and, therefore, was disentitled to exercise his right to vote in a Scheduled Area constituency.