Case Note & Summary
The Supreme Court heard two appeals against a common judgment of the Patna High Court dated 3rd April 2017, which had dismissed writ petitions and a Letters Patent Appeal challenging a Notification dated 1st July 2015 issued by the State of Bihar. The Notification, based on recommendations of the State Backward Commission, deleted the caste 'Tanti-Tantwa' from the list of Extremely Backward Classes under the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1991, and merged it with the caste 'Pan/Sawasi' in the Scheduled Castes list notified under the Presidential Order under Article 341 of the Constitution of India. The appellants contended that the State Government lacked competence to alter the Scheduled Castes list, as any modification can only be made by Parliament by law. The State argued that the Notification was merely a clarification that 'Tanti-Tantwa' and 'Pan/Sawasi' were the same caste, and thus did not alter the Presidential Order. The High Court accepted the State's submission and dismissed the petitions. The Supreme Court, after hearing senior counsels for both sides and intervenors, framed several issues including the constitutional provisions regarding Scheduled Castes lists, the method of altering the Presidential Order, and the State's power over Backward Classes. The Court held that under Article 341, the list of Scheduled Castes for a State can only be specified by the President and any subsequent amendment, addition, deletion, or modification can only be made by Parliament by law. The State Government cannot, by executive action or notification, alter the list. The impugned Notification effectively added 'Tanti-Tantwa' to the Scheduled Castes list, which is impermissible. The Court set aside the High Court's judgment and the Notification dated 01.07.2015, allowing the appeals.
Headnote
A) Constitutional Law - Scheduled Castes - Alteration of Presidential Order - Article 341 of the Constitution of India - The State Government cannot add, delete, or modify any entry in the Scheduled Castes list notified under the Presidential Order; such alteration can only be made by a law enacted by Parliament. The impugned Notification dated 01.07.2015 merging 'Tanti-Tantwa' with 'Pan/Sawasi' in the Scheduled Castes list was held to be beyond the State's competence. (Paras 3-6, 9) B) Reservation - Backward Classes - State's Power - Bihar Reservation of Vacancies in Posts and Services (for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1991 - The State Government's action based on State Backward Commission recommendations cannot override the constitutional scheme under Article 341. The deletion of 'Tanti-Tantwa' from the Extremely Backward Classes list and its inclusion in the Scheduled Castes list was invalid. (Paras 3-5) C) Interpretation of Statutes - Presidential Order - Amendment - Article 341(2) of the Constitution of India - Once a list of Scheduled Castes is published under the Presidential Order, any amendment, addition, deletion, or modification can only be made by Parliament by law. The State's argument that it was merely a clarification was rejected. (Paras 5, 9)
Issue of Consideration
Whether the State Government has the competence to delete a caste from the Extremely Backward Classes list and merge it with an entry in the Scheduled Castes list notified under the Presidential Order under Article 341 of the Constitution of India.
Final Decision
The Supreme Court allowed the appeals, set aside the judgment of the Patna High Court dated 3rd April 2017, and quashed the Notification dated 1st July 2015 issued by the State of Bihar.
Law Points
- Article 341 of the Constitution of India
- Scheduled Castes Order 1950
- Bihar Reservation of Vacancies in Posts and Services (for Scheduled Castes
- Scheduled Tribes and other Backward Classes) Act 1991
- State Backward Commission recommendations
- power of State to modify Scheduled Castes list
