Recently, The Supreme Court of India ruled that states cannot make changes to the Scheduled Caste list published under Article 341 of the Constitution and quashed the 2015 Bihar government notification categorising Tanti-Tantwa community as Scheduled Caste.
Background
- Enactment of Legislation: The Bihar Legislature enacted the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Castes, Scheduled Tribes, and Other Backward Classes) Act, 1991 (Act No. 3 of 1992).
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Constitutional Provisions for the Upliftment of the Scheduled Castes (SC’s)
The Indian Constitution includes specific provisions for the upliftment of Scheduled Castes (SCs). Some of them are as follows:
- Article 15(4) enabled the state to make special provisions for SCs, STs, women, Children and other unprivileged sections under the idea of “positive discrimination”.
- Article 16(4A) speaks of “reservation in matters of promotion to any class or classes of posts in the services under the State in favour of SCs/STs, which are not adequately represented in the services under the State’.
- Article 17 abolishes Untouchability.
- Article 46 requires the State ‘to promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and to protect them from social injustice and all forms of exploitation.
- Article 243D provides for reservation for Scheduled Castes and Scheduled Tribes in Panchayats in the same proportion as the population of Scheduled Castes or Scheduled Tribes in the village.
- Article 275 provides for grants-in-aid to the states for promoting the welfare of scheduled tribes.
- Article 330 of the Indian Constitution provides for the reservation of seats in the House of the People (Lok Sabha) for Scheduled Castes (SCs) and Scheduled Tribes (STs).
- Article 332 lays down a similar provision for the reservation of seats in the legislative assemblies of states for SCs and STs1
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- Tanti-Tantwa Classification: Under the Act, it had declared the lists of Extremely Backward Classes and at serial number 33, Tanti-Tantwa was shown as falling under the Extremely Backward Classes.
- Inclusion Recommendation (2011): In 2011, Bihar government had recommended inclusion of Tanti-Tantwa in the list of SCs as a synonym of “Pan, Sawasi, Panr”.
- Evaluation of the Proposal: The proposal was evaluated following established procedures, including consultation with the Registrar General of India, who did not support the inclusion.
- Bihar Government passed a resolution: Despite the Registrar General’s stance, the Bihar government proceeded to pass a resolution on July 1, 2015, to include Tanti-Tantwa in the Scheduled Castes list.
About Article 341
- Authority on Scheduled Castes Designation: It authorises the President to declare certain castes and classes as Scheduled Castes in a state or a union territory.
- It also states that the Parliament can include or exclude any caste or tribe from the list.
- Application: This authority applies to any State or Union Territory.
- For States, the President must consult with the Governor before making a designation.
- Public Notification: The designation of Scheduled Castes is done through a public notification.
- Purpose: The specified castes, races, or tribes are deemed Scheduled Castes for the purposes of the Constitution in relation to that specific State or Union Territory.
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Article 342 of the Constitution
- It states that “Scheduled Castes” means such castes, races or tribes or parts of or groups within such castes, races or tribes as are deemed under Article 341.
Authority to amend or alter Scheduled Caste list
- Parliamentary Authority: The Scheduled Castes list specified under the notification under Clause-1 can be amended or altered only by a law made by the Parliament.
- Limitations on Central Government and President: As per Article 341 neither the central government, nor the President can make any amendments or changes in the notification issued under Clause-1 without a law made by the Parliament, specifying the castes in relation to the states or UT, as the case may be.
Court Ruling on State Government’s Authority Over Scheduled Castes Lists
- Lack of Authority: The court declared that the state government lacks the competence and authority to alter the lists of Scheduled Castes published under Article 341 of the Constitution.
- Reversion Order: The court directed that the group in question be reverted to its original category of Extremely Backward Class.
- The bench of the Supreme Court directed that the posts within the Scheduled Castes quota filled by members of the Tanti-Tantwa community, who availed benefits based on the resolution dated 01.07.2015, may be returned to the Scheduled Castes category.
- And such candidates of Tanti-Tantwa community be accommodated by the state in their original category of Extremely Backward Classes.
- Condemnation of State Action: The notification by the state government was labelled as “mala fide” and unpardonable “mischief” by the court.
- The SC said, “The state cannot be pardoned for the mischief done by it.
- Depriving the members of the Scheduled Castes covered by the lists under Article 341 of the Constitution is a serious issue.”
- Court’s Stance on Individual Accountability and Benefits: The court did not find fault with any individual member of the Tanti-Tantwa community.
- It chose not to direct the termination of their services or the recovery of benefits received through illegal appointments.
- Additionally, it decided against withdrawing any other benefits that had been extended to these individuals.
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| Scheduled Caste (SC) and National Commission for Scheduled Castes (NCSC)
Scheduled Caste:
- About: It is an administrative category consisting of various touchable and untouchable castes grouped together for the purpose of preferential treatment.
- Census 2011: The 2011 Census places the number of scheduled castes in India at 16.6 percent of the total population, or approximately 166,635,700 people.
- Lack of Internal Distinctions: Such grouping places all of them under one umbrella category without taking into account the internal distinctions among them.
- Problem: Reservations could not remove the prior existing internal differentiations between all the castes listed as Scheduled Castes.
The National Commission for Scheduled Castes (NCSC):
- About: NCSC is a constitutional body set up under Article 338 of the Indian constitution.
- Jurisdiction: The National Commission for Scheduled Castes works under the jurisdiction of the Union Ministry of Social Justice and Empowerment.
- Previous Role: Previously, the NCSC was formed in 1974 as Commission for Scheduled Castes and Scheduled Tribes, under Article 338 of the Constitution.
- Following the 89th Amendment Act, 2003 the National Commission for Scheduled Castes and Scheduled Tribes was bifurcated to form National Commission for SC (Article 338) and National Commission for ST (Article 338A).
- Aim of NCSC: The main aim of forming NCSC was to provide safeguards against the exploitation of Scheduled Castes and to promote and protect their social, educational, economic, and cultural interests.
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July 17, 2024
