Legal Intervention

Samata provides and facilitates legal support to communities and groups false criminal cases, illegal custodies, atrocities and human rights violations, land alienation, displacement, state induced legal violations and development neglect. It takes up legal action and advocacy at the local courts, High Court of A.P and in the Supreme Court.

AP Panchayati Raj Act not Applicable in Scheduled Areas- Judgment
In Arka Vasantha Rao and others Vs Govt of AP (AIR 1995 AP 274) case, the Divisional Bench held that AP Panchayat Raj Act 1994 is not applicable to the Scheduled Areas of Andhra Pradesh and the power of Governor under Schedule V para 5 to apply any enactment in the Scheduled Area does not have overriding effect on prohibition contained in Art.243 M of the Constitution. No State law which is inconsistent with any of the provisions of Part IX of the Constitution can survive for more than a maximum period of one year. So far as the Scheduled Areas are concerned, there is a specific injunction by clause (1) of Article 243 M that nothing in IX shall apply to the Scheduled Areas. Thus the power of the Governor under para 5(1) of the V Schedule does not prevail over Part IX of the constitution. The High Court of AP further held that the power of the Governor under para 5 of the V Schedule does not cover Part IX of the Constitution.

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