A person who is recognised as a member of Scheduled Castes/Scheduled Tribes in his original State, will be entitled to all the benefits of reservation under the Constitution in that State only and not in other States/Union Territories and not entitled to the benefits of reservation in the migrated State/Union Territory.
10. The Government of India Act, 1935 (hereinafter referred to as “1935 Act”) (also referred to as “the Constitution Act”) brought into force the expression “Scheduled Castes” for the first time in Indian Constitutional history. Entry 26 Part I of the First Schedule to the 1935 Act stipulates that “the Scheduled Castes mean such castes, races or tribes or parts of or groups within the castes, races or tribes, being castes, races, tribes, parts or groups, which appear to His Majesty in Council to correspond to the classes of persons formerly known as ‘the depressed classes’, as His Majesty in Council may specify”.
11. Thereafter a Gazette Notification was published on 6th June, 1936 promulgating the Government of India (Scheduled Castes) Order, 1936 notifying the list of castes that are to be considered as “the Scheduled Castes” across the territory of India. A look at the Schedule which consisted of nine (09) parts i.e. Madras, Bombay, Bengal, United Provinces, Punjab, Bihar, Central Provinces, Assam, Orissa would indicate that identification of the different castes for inclusion as Scheduled Castes in the Schedule to the 1935 Act was based on an elaborate exercise conducted for each of the Provinces so much so that while some castes have been identified as Scheduled Castes throughout a Province, others have been so identified to limited areas within a province. The post constitutional exercise by the Constitution (Scheduled Castes) Order, 1950 and the Constitution (Scheduled Tribes) Order, 1950,
as originally enacted under Articles 341 and 342 of the Constitution, was basically an exercise in recasting the Schedule to the 1935 Act. The subsequent amendments to the aforesaid two Orders, from time to time, have been necessitated to bring the position in tune with the amendments to the First Schedule to the Constitution made at different points of time by creation of new States and alterations in the area and boundaries of existing States.
12. Article 366 of the Constitution which defines expressions appearing in the Constitution specifically defines ‘Scheduled Castes’ [clause (24)] to mean “such castes, races or tribes or parts of or groups within such castes, races or tribes as are deemed under Article 341 to be Scheduled Castes for the purposes of this Constitution”. Similarly, clause (25) of Article 366 defines “Scheduled Tribes” to mean “such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under Article 342 to be Scheduled Tribes for the purposes of this Constitution”. [ CIVIL APPEAL NO.1085 OF 2013 BIR SINGH VERSUS DELHI JAL BOARD & ORS. Decided on August 30, 2018]
