States can’t alter Scheduled Caste list, SC chides Bihar

Satya Prakash

New Delhi, July 16

Holding that states can’t alter the Schedule Caste List published under Article 341 of the Constitution, the Supreme Court has quashed the Bihar Government’s 2015 decision to merge ‘Tanti-Tantwa’ community from the Extremely Backward Castes list with ‘Pan/Sawasi’ caste in the Scheduled Caste list.

Quashes 2015 decision

The court quashed the Bihar Government’s 2015 decision to merge ‘Tanti-Tantwa’ community from the Extremely Backward Castes list with ‘Pan/Sawasi’ caste in the Scheduled Caste list. It said the state could not be pardoned for the mischief.

“We have no hesitation in holding that the resolution dated July 1, 2015, was patently illegal and erroneous as the state government had no competence, authority or power to tinker with the lists of Scheduled Castes published under Article 341. The submission of the respondent state that the resolution was only clarificatory is not worth considering and deserves outright rejection,” a Bench of Justice Vikram Nath and Justice Prashant Kumar Mishra said.

“The provisions of Article 341 Sub-Clause 1 and Sub-Clause 2 are very clear. There is no ambiguity or vagueness otherwise requiring any interpretation… The state of Bihar has tried to read something to suit its own ends for whatever reason, we are not commenting on it,” the Bench said. “Any inclusion or exclusion of any caste, race or tribe or part of or group within the castes, races or tribes has to be, by law, made by Parliament, and not by any other mode or manner,” it said.

On protecting those members of “Tanti-Tantwa” community who were extended benefit of Scheduled Caste pursuant to the July 1, 2015, resolution, the top court said, “We do not wish to direct that their services be terminated or that recovery be made for illegal appointments or withdrawal of other benefits which may have been extended… all such members… be accommodated under their original category of Extremely Backward Classes.”