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STATE HAS NO AUTHORITY TO TINKER WITH SCHEDULED CASTE LISTS: SC

Relevance: GS 2 – Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

Why in the news?

• A bench of Justices Vikram Nath and Prashant Kumar Mishra in the Supreme Court has quashed a 2015 notification from the Bihar government.
  • This notification deleted the ‘Tanti-Tantwa’ caste from the Extremely Backward Classes (EBC) list. It then merged the ‘Tanti-Tantwa’ caste with the ‘Pan/Sawasi’ caste in the Scheduled Castes list.
• The court stated that the state government lacked the competence or authority to alter the Scheduled Castes lists published under Article 341 of the Constitution.

Supreme Court’s Ruling on Tanti-Tantwa Caste Inclusion

• Synonymity and Inclusion:
  • The court stated that even if the Tanti-Tantwa caste was synonymous with or an integral part of the Entry-20 (‘Pan/Sawasi’ caste) in the Scheduled Castes lists, it could not be added without a law made by Parliament.
• Verdict on State Government’s Resolution:
  • The bench declared the Bihar government’s resolution dated July 1, 2015, as patently illegal and erroneous.
  • It affirmed that the state government lacked the competence, authority, or power to alter the Scheduled Castes lists published under Article 341 of the Constitution.

Bihar Government’s Actions

• Knowledge of Authority: The Bihar government was aware it had no authority to include ‘Tanti-Tantwa’ in the Scheduled Castes list.
• Request to Centre in 2011: It had forwarded a request to the Centre in 2011 to include ‘Tanti-Tantwa’ as a synonym of ‘Pan, Sawasi, Panr’.
  • Response from the Centre:
    • The Centre did not accept the request and returned it for further comments, justification, or review.
    • Despite this, the Bihar government issued the circular dated July 1, 2015.
  • Legal Requirements for Inclusion/Exclusion:
    • The inclusion or exclusion of any caste, race, or tribe must be done through a law made by Parliament.
    • No other mode or manner is permissible for such changes.

Jurisdiction of the Commission for Extremely Backward Classes

• The Commission has no jurisdiction to recommend the inclusion of any caste in the Scheduled Castes lists.
• The court stated that the recommendation of the Commission for Extremely Backward Classes is not binding on matters beyond the EBC list.
  • Even if such a recommendation is made, the state has no authority to implement it, knowing the Constitution does not permit it.
• Legitimacy of Deletion from EBC:
  • The inclusion or exclusion of castes in the EBC list falls within the domain of the Commission, but not in the Scheduled Castes list.
  • The state government could justifiably delete ‘Tanti-Tantwa’ from the Extremely Backward Classes (EBC) list based on the State Backward Commission’s recommendation.
  • However, merging ‘Tanti-Tantwa’ with ‘Pan, Sawasi, Panr’ in the Scheduled Castes list was considered a “mala fide exercise” by the court.
    • The state’s actions were deemed mala fide and outside the bounds of constitutional provisions.

Impact of Ruling of Supreme Court

• Impact on Scheduled Castes:
  • Any undeserving person given benefits meant for Scheduled Castes causes harm to the rightful beneficiaries.
  • The state cannot be pardoned for its mischief, as it deprived members of the Scheduled Castes of their rightful benefits.
• No Penalty on Tanti-Tantwa Members:
  • The court found fault with the state’s conduct, not the individual members of the Tanti-Tantwa community.
  • The court did not direct the termination of services or recovery of benefits from Tanti-Tantwa members.
• Restoration of Posts:
  • Posts in the Scheduled Castes reserved quota given to Tanti-Tantwa members after the July 1, 2015 resolution should be returned to the Scheduled Castes quota.
  • Tanti-Tantwa members who received these benefits should be accommodated under their original Extremely Backward Classes category.
  • The state is to take appropriate measures for this accommodation.

Procedure to Amend the Scheduled Castes List in the Constitution (Scheduled Castes) Order, 1950

Article 341 specifies that neither the central government nor the President can amend or change the notification issued under Clause-1 without a law made by Parliament, specifying the castes in relation to the states or Union territories.

• Initiation of Proposal:
  • A proposal to amend the Scheduled Castes list can be initiated by the concerned state government or Union territory administration.
• State Government Recommendation:
  • The state government or Union territory administration forwards its recommendation for the inclusion or exclusion of a caste in the Scheduled Castes list to the Ministry of Social Justice and Empowerment (Government of India).
• Review by Registrar General of India:
  • The Ministry of Social Justice and Empowerment sends the proposal to the Registrar General of India (RGI) for comments and verification.
• Consultation with the National Commission for Scheduled Castes:
  • The proposal is then sent to the National Commission for Scheduled Castes (NCSC) for their comments and recommendations.
• Cabinet Approval:
  • After receiving the comments and recommendations from the RGI and the NCSC, the Ministry of Social Justice and Empowerment prepares a draft bill.
  • The draft bill is then submitted to the Union Cabinet for approval.
• Introduction in Parliament:
  • Once approved by the Cabinet, the bill is introduced in either House of Parliament (Lok Sabha or Rajya Sabha).
• Parliamentary Process:
  • The bill goes through the standard legislative process, including:
    • First reading (introduction)
    • Second reading (detailed discussion and consideration)
    • Committee stage (examination by a Parliamentary committee, if necessary)
    • Third reading (final approval by the House where it was introduced)
  • Approval by Both Houses:
    • The bill must be passed by a majority in both the Lok Sabha and the Rajya Sabha.
  • Presidential Assent:
    • After being passed by both Houses of Parliament, the bill is sent to the President of India for assent.
  • Publication and Notification:
    • Once the President gives assent, the bill becomes law and is published in the Gazette of India.
    • The amendment to the Constitution (Scheduled Castes) Order, 1950, is notified accordingly.
  • Implementation:
    • The amended list of Scheduled Castes is implemented as per the new law.

Associated articles

https://universalinstitutions.com/scs-stand-on-reservation-reallocation/

https://universalinstitutions.com/inclusion-of-hattee-community-in-scheduled-tribes-list/

Source: https://indianexpress.com/article/india/top-court-quashes-bihar-decision-to-classify-tanti-tantwa-as-sc-9457846/

Mains question

Discuss the constitutional procedure and the socio-economic criteria involved in the inclusion of a community in the Scheduled Castes list in India. Critically evaluate the role of state governments and the central government in this process. (250 words)