CiteTEXT
...for the petitioners (1) that Article 371D applies only to persons employed in public services under the control of the State Government and not to the employees of the local bodies such as Zilla...Panchayat Samithis have already been provincialised and brought into State services, was recognized even in the decision in P. Vema Reddy; (5) that in view of clause (10) of Article 371D, the provisions of any order made by the Parl...integration of the cadres; and (9) that the power conferred upon the President under Article 371D being a special power, he is entitled to provide retrospectivty to the amendments so made. 24. Mr. Vedula Venkat...
...amendments to the Presidential Order, it is contended by Mr. S. Ramachandra Rao, learned Senior Counsel for the petitioners (1) that Article 371D applies only to persons employed in public services under...Article 371D, the provisions of any order made by the Parliament shall have effect notwithstanding anything contained in any other provision of the Constitution; (6) that therefore, as pointed out in sub-paragraphs 1 and...clause (1) of Article 371D is to do something for the creation of equitable opportunities and facilities for the people belonging to different parts of the State, the President has the power...
...Article 371D of the Constitution of India, 1950 upon the President of India. The aforesaid Government Order confers discretion to the State Government in respect of different departments and categories of...
2024 INSC 176
1
NON REPORTABLE
IN THE SUPREME COURT OF INDIA...)
J U D G M E N T
M. M. Sundresh, J.
1. Leave granted.
2. By...
...(Formation) Act, 1974 is for administrative convenience, and not to provide local area reservation under the Presidential Order.35. Article 371D(1) of the Constitution of India...aforesaid interim order we had observed that the scope and ambit of the words public employment, in Clause (1) of Article 371-D, necessitated examination; the earlier efforts of...-vires Article 371-D(1) of the Constitution of India, for it is only if the words public employment were held to bring within its ambit, employees of local bodies also...
.... Article 371D(1) of the Constitution of India enables the President, by order made with respect to the State, to provide, having regard to the requirements of the State as a whole, for...the aforesaid interim order we had observed that the scope and ambit of the words public employment, in Clause (1) of Article 371-D, necessitated examination; the earlier..., were ultra-vires Article 371-D(1) of the Constitution of India, for it is only if the words public employment were held to bring within its ambit, employees of local bodies...
...State of Andhra Pradesh and which was inserted by Parliament to give effect to what is commonly known as six point formula, it would be apposite to extract Article 371D of the Constitution here.“Special provisions wit...provisions of the Constitution.5. In exercise of the power conferred under Clause (1) of Article 371D of the Constitution, the President made the A.P Educational Institutions (Regulation of...in clause (5) alone was bad. Clause (1) of Art. 371D provides—“The provisions of this Article and of any order made by the President thereunder shall have effect notwithstanding...
...the Parliament with reference to the State of Andhra Pradesh, in the form of Article 371D. By virtue of Clauses (1) and (2) thereof, the President has been empowered to make an Order with regard to...confined to the extent of 85% of the seats only in favour of the local candidates. That was the equitable measure contemplated and provided for by Clauses (1) and (2) of Article 371D. Since, Clause (10) of...that extent, the protection of insulation contained in Clause (10) of Article 371D would not be available.
10. In the instant case, the situation is slightly different. Since the number of seats offered in the cour...
...President under Article 371D?(2) Whether 100% reservation is permissible under the Constitution?(3) Whether the notification merely contemplates a classification under ...Article 16(1) any reasonable provision as regards residence requirement will be saved. It does not matter that the law is made either by Parliament or the Governor. The power of the Governor not to...Article 15(1) and 16(2) of the Constitution of India.45. It is submitted by Dr. Rajeev Dhavan, learned Senior Advocate appearing for the some of the petitioners that use...
...aforesaid notification has to be read, in tune with the Presidential Order, 1974 issued, in exercise of the powers conferred by Clauses 1 and 2 of Article 371D of the Constitution...State of Andhra Pradesh, in view of Article 371D. But, Article 371D also does not permit the application of G.O.Ms. No. 68, dated 16.04.1988, de hors the unit of appointment. Therefore, the Writ Petition...Pulusam Krishna Murthy v. T. Sujan Kumar 2002 (1) ALD 423 (FB). Therefore, the first part of Paragraph-15 of the impugned order of the Tribunal should go...
...to be read, in tune with the Presidential Order, 1974 issued, in exercise of the powers conferred by Clauses
1 and 2 of Article 371D of the Constitution. Though the Presidential...view of Article 371D. But, Article 371D also does not permit the application of G.O.Ms.No.68, dated 16.04.1988, de hors the unit of appointment. Therefore, the Writ Petition is devoid of merits. Hence...exercise of the powers conferred by sub-paragraph (1) of paragraph 5 of the fifth schedule to the Constitution of India, the Governor of Andhra Pradesh hereby directs that the posts relating to the...
...petitioners needs to be noted is Article 371D. Article 371D was inserted in the Constitution by Constitution (Thirty-second Amendment) Act, 1973. Article 371D contains a special provision with res...in support of their submission.15. The petitioners have also relied on Article 371D of the Constitution which according to the petitioners was inserted to give...recognition to the aspirations of the people of Andhra Pradesh. Article 371D permits domicile as the basis for appointment to the services.16. Shri Maninder Singh, learned...
...forthe petitioners in W.P.Nos.3 077l and' 33149 of 2024 b-v way of rejoinder submitted that the Presidential Order' 197 4is not in consonance with Article 371D(1) of the..., which can be stated as follows:
1 . Whether in uieut of the mandate contained_ in Section 95 of the Andhra pradesh Reorganbation Act, 2014, Article 371D of the...State of Andhra Pradesh or State of Telangana. Article 3 7 1 D of the Constitution of India reads as under:
"371D. Special provisions with respect to the State...
...forthe petitioners in W.P.Nos.3 077l and' 33149 of 2024 b-v way of rejoinder submitted that the Presidential Order' 197 4is not in consonance with Article 371D(1) of the..., which can be stated as follows:
1 . Whether in uieut of the mandate contained_ in Section 95 of the Andhra pradesh Reorganbation Act, 2014, Article 371D of the...State of Andhra Pradesh or State of Telangana. Article 3 7 1 D of the Constitution of India reads as under:
"371D. Special provisions with respect to the State...
...forthe petitioners in W.P.Nos.3 077l and' 33149 of 2024 b-v way of rejoinder submitted that the Presidential Order' 197 4is not in consonance with Article 371D(1) of the..., which can be stated as follows:
1 . Whether in uieut of the mandate contained_ in Section 95 of the Andhra pradesh Reorganbation Act, 2014, Article 371D of the...State of Andhra Pradesh or State of Telangana. Article 3 7 1 D of the Constitution of India reads as under:
"371D. Special provisions with respect to the State...
...forthe petitioners in W.P.Nos.3 077l and' 33149 of 2024 b-v way of rejoinder submitted that the Presidential Order' 197 4is not in consonance with Article 371D(1) of the..., which can be stated as follows:
1 . Whether in uieut of the mandate contained_ in Section 95 of the Andhra pradesh Reorganbation Act, 2014, Article 371D of the...State of Andhra Pradesh or State of Telangana. Article 3 7 1 D of the Constitution of India reads as under:
"371D. Special provisions with respect to the State...
...forthe petitioners in W.P.Nos.3 077l and' 33149 of 2024 b-v way of rejoinder submitted that the Presidential Order' 197 4is not in consonance with Article 371D(1) of the..., which can be stated as follows:
1 . Whether in uieut of the mandate contained_ in Section 95 of the Andhra pradesh Reorganbation Act, 2014, Article 371D of the...State of Andhra Pradesh or State of Telangana. Article 3 7 1 D of the Constitution of India reads as under:
"371D. Special provisions with respect to the State...
...forthe petitioners in W.P.Nos.3 077l and' 33149 of 2024 b-v way of rejoinder submitted that the Presidential Order' 197 4is not in consonance with Article 371D(1) of the..., which can be stated as follows:
1 . Whether in uieut of the mandate contained_ in Section 95 of the Andhra pradesh Reorganbation Act, 2014, Article 371D of the...State of Andhra Pradesh or State of Telangana. Article 3 7 1 D of the Constitution of India reads as under:
"371D. Special provisions with respect to the State...
...forthe petitioners in W.P.Nos.3 077l and' 33149 of 2024 b-v way of rejoinder submitted that the Presidential Order' 197 4is not in consonance with Article 371D(1) of the..., which can be stated as follows:
1 . Whether in uieut of the mandate contained_ in Section 95 of the Andhra pradesh Reorganbation Act, 2014, Article 371D of the...State of Andhra Pradesh or State of Telangana. Article 3 7 1 D of the Constitution of India reads as under:
"371D. Special provisions with respect to the State...
...forthe petitioners in W.P.Nos.3 077l and' 33149 of 2024 b-v way of rejoinder submitted that the Presidential Order' 197 4is not in consonance with Article 371D(1) of the..., which can be stated as follows:
1 . Whether in uieut of the mandate contained_ in Section 95 of the Andhra pradesh Reorganbation Act, 2014, Article 371D of the...State of Andhra Pradesh or State of Telangana. Article 3 7 1 D of the Constitution of India reads as under:
"371D. Special provisions with respect to the State...
...forthe petitioners in W.P.Nos.3 077l and' 33149 of 2024 b-v way of rejoinder submitted that the Presidential Order' 197 4is not in consonance with Article 371D(1) of the..., which can be stated as follows:
1 . Whether in uieut of the mandate contained_ in Section 95 of the Andhra pradesh Reorganbation Act, 2014, Article 371D of the...State of Andhra Pradesh or State of Telangana. Article 3 7 1 D of the Constitution of India reads as under:
"371D. Special provisions with respect to the State...