Context:
The Supreme Court of India has reaffirmed that any inclusions or exclusions in the Scheduled Castes (SC) List can only be made through a law enacted by Parliament.
More on the news:
- The ruling, clarifies that neither the President nor the Central government has the authority to alter the SC List through notifications or other means.
- Supreme Court, declared the 2015 notification “patently illegal and erroneous.” The court concluded that the Bihar state government lacked the competence, authority, and power to alter the SC List as published under Article 341 of the Constitution.
- The State government had no competence/authority/power to tinker with the lists of Scheduled Castes published under Article 341 of the Constitution.
Case Background:
- The judgment arose from a challenge by Dr. Bhim Rao Ambedkar Vichar Manch, Patna, against a notification issued by the Bihar government on July 1, 2015.
- This notification, based on a recommendation from the State Backward Commission, sought to merge the Extremely Backward Class of Tanti-Tantwa with the Scheduled Caste of Pan/Sawasi, thus allowing the Tanti-Tantwa to claim SC benefits.
- This Judgment emphasized the clarity of these provisions, noting, “Even if the State Backward Commission makes such a recommendation, right or wrong, the State has no authority to proceed to implement the same when it was fully aware that the Constitution does not permit it to do so.”
The Constitutional Provisions:
Article 341 of the Indian Constitution comprises two key clauses that govern the identification and modification of Scheduled Castes:
- Clause (1): The President, after consultation with the Governor of the respective State, may specify the castes, races, or tribes that are to be deemed as Scheduled Castes in relation to that State or Union Territory through a public notification.
- Clause (2): Any amendments, alterations, or variations to this Presidential List must be made by Parliament through legislation, not by any notification or other means.
The inclusion or exclusion of any community in the Scheduled Castes list comes into effect only after the President assents to a Bill that amends the Constitution (Scheduled Castes) Order, 1950, as is appropriate, after it is passed by both the Lok Sabha and Rajya Sabha.
Implications of the Judgment
- This ruling prevents state governments from unilaterally altering the composition of SC communities, ensuring that any such modifications undergo the rigorous process of parliamentary legislation.
- By clarifying that the Central government and the President also lack the authority to make such changes through notifications, the judgment reinforces the role of Parliament in protecting the integrity of the SC List.
- This ensures a uniform and consistent approach to the identification and benefits of Scheduled Castes across the country.