Resolution on Jharkhand High Court Judgment
(Adopted At the Extended Meeting of the
Tribal Coordination Committee Held on October 4-5, 2005)
The 2nd September, 2005 judgment of Ranchi High Court inter alia striking down 2nd proviso of section 4(g) of the Provision of Panchayat (Extension to Scheduled Areas) Act, 1996 and ordering the state government of Jharkhand to hold panchayat election in the state without any discrimination between scheduled areas under the 5th schedule of the Constitution and non-scheduled areas is a big blow to the interests of Scheduled Tribes not only in Jharkhand, but also in nine states, including Jharkhand, affecting more than 5 crores of adivasis in the country.
The judgment militates against constitutional provisions enshrining special clauses for protection of scheduled tribes among the most vulnerable, marginalised and exploited sections of society.
It is the bounden duty of the Central Government to intervene in the Court to defend its own law.
The decision of the Jharkhand government not to challenge the judgment in the Supreme Court is condemnable and has exposed the BJP-led government’s anti-tribal attitude.
The meeting supports the decision of the Jharkhand state committee to challenge the judgment in the Supreme Court.