Case Note & Summary
The Supreme Court heard appeals against a common judgment of the Bombay High Court, Nagpur Bench, dated 14.08.2018, which allowed four writ petitions concerning the Scheduled Tribe 'Gond Gowari' in Maharashtra. The High Court had declared that the tribe 'Gond Gowari' was completely extinct before 1911 and that 'Gowari' community alone was shown as 'Gond Gowari' in Entry 18 of the Constitution (Scheduled Tribes) Order, 1950. It further held that 'Gond Gowari' is not a sub-tribe of Gond and that people belonging to 'Gowari' community cannot be denied Scheduled Tribe benefits despite being listed as Other Backward Class. The High Court quashed the order of the Caste Scrutiny Committee invalidating the caste certificate of one petitioner and remanded the matter for fresh consideration. The State of Maharashtra, Union of India, and an individual respondent appealed to the Supreme Court. The Supreme Court, hearing arguments from senior counsel, noted that the High Court had effectively amended the Scheduled Tribes list, which is impermissible under Article 342(2) of the Constitution. Relying on the Constitution Bench decision in State of Maharashtra v. Milind, the Court held that only Parliament can amend the list of Scheduled Tribes, and courts cannot hold inquiries to determine whether a caste should be included. The Supreme Court set aside the High Court's judgment and restored the matter to the High Court for fresh consideration in accordance with law, emphasizing that the High Court's declarations were beyond its jurisdiction.
Headnote
A) Constitutional Law - Scheduled Tribes - Amendment of Entries - Article 342(2) of the Constitution of India - The High Court exceeded its jurisdiction by declaring that the tribe 'Gond Gowari' was extinct and that 'Gowari' community should be treated as Scheduled Tribe, as such amendments can only be made by Parliament under Article 342(2). The court held that neither State Governments nor courts can modify the list of Scheduled Tribes (Paras 12-13).
B) Scheduled Tribes - Interpretation of Entries - Constitution (Scheduled Tribes) Order, 1950 - Entry 18 - The High Court's finding that 'Gond Gowari' is not a sub-tribe of Gond and that 'Gowari' community is entitled to Scheduled Tribe benefits was set aside as it amounted to rewriting the entry, which is impermissible without parliamentary amendment (Paras 12-13).
C) Administrative Law - Government Resolutions - Affinity Test - Government Resolution dated 24.04.1985 - The High Court's direction that the claim for Scheduled Tribe validity cannot be tested on the basis of affinity test guidelines was erroneous, as such guidelines are valid for verification of tribal status (Para 9).
Issue of Consideration
Whether the Bombay High Court could declare that the Scheduled Tribe 'Gond Gowari' is extinct and that 'Gowari' community is entitled to Scheduled Tribe benefits, thereby effectively amending the Constitution (Scheduled Tribes) Order, 1950.
Final Decision
The Supreme Court set aside the impugned judgment of the Bombay High Court dated 14.08.2018 and remanded the matter to the High Court for fresh consideration in accordance with law. The Court held that the High Court's declarations were beyond its jurisdiction as they effectively amended the Scheduled Tribes list, which is exclusively within the power of Parliament under Article 342(2) of the Constitution.
Law Points
- Parliamentary power under Article 342(2) to amend Scheduled Tribes list
- Courts cannot tinker with entries in Constitution (Scheduled Tribes) Order
- 1950
- Doctrine of stare decisis
- Affinity test guidelines
Case Details
2020 LawText (SC) (12) 47
Civil Appeal No. 4096 of 2020 (arising out of SLP(C) No. 15044 of 2020) and connected appeals
Shyam Divan, Ravindra Keshavrao Adsure, Sanjay Jain, C.U. Singh, Mukul Rohatgi, Bansuri Swaraj
The State of Maharashtra & Anr.; Union of India; Zanaklal
Keshao Vishwanath Sonone & Anr.; Adim Gowari Samaj Vikas Mandal & Ors.; Adivasi Gond Govari (Gowari) Sewa Mandal & Ors.
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Nature of Litigation
Civil appeals against a High Court judgment allowing writ petitions concerning the validity of Scheduled Tribe certificates for the 'Gond Gowari' community.
Remedy Sought
The appellants (State of Maharashtra, Union of India, and an individual) sought to set aside the High Court's judgment which declared that the 'Gond Gowari' tribe is extinct and that 'Gowari' community is entitled to Scheduled Tribe benefits.
Filing Reason
The High Court's judgment effectively amended the Scheduled Tribes list, which is beyond its jurisdiction and contrary to Article 342(2) of the Constitution.
Previous Decisions
The Bombay High Court allowed four writ petitions on 14.08.2018, declaring that the tribe 'Gond Gowari' was extinct and that 'Gowari' community should be treated as Scheduled Tribe. The Caste Scrutiny Committee had earlier invalidated the caste certificate of one petitioner.
Issues
Whether the High Court could declare that the Scheduled Tribe 'Gond Gowari' is extinct and that 'Gowari' community is entitled to Scheduled Tribe benefits, thereby amending the Constitution (Scheduled Tribes) Order, 1950.
Whether the High Court's judgment is in violation of Article 342(2) of the Constitution, which vests exclusive power in Parliament to amend the list of Scheduled Tribes.
Submissions/Arguments
Shyam Divan (for State of Maharashtra): The High Court erred in tinkering with the entries under the Constitution (Scheduled Tribes) Order, 1950, which can only be amended by Parliament under Article 342(2). The Constitution Bench in Milind's case held that courts cannot hold inquiries to see whether a caste should be included in the Scheduled Tribes list.
Sanjay Jain (for Union of India): Supported the submissions of the State of Maharashtra.
C.U. Singh (for appellant Zanaklal): Argued that the High Court's judgment was beyond its jurisdiction.
Mukul Rohatgi (for respondents): Defended the High Court's judgment, arguing that it was based on historical evidence and aimed at correcting an anomaly.
Ratio Decidendi
The power to amend the list of Scheduled Tribes under the Constitution (Scheduled Tribes) Order, 1950 is vested exclusively in Parliament under Article 342(2) of the Constitution. Courts cannot declare a tribe as extinct or include a community in the list of Scheduled Tribes, as that would amount to amending the Order, which is impermissible. The High Court's judgment was set aside for exceeding its jurisdiction.
Judgment Excerpts
The High Court committed error in tinkering with the Entries under the Constitution (Scheduled Tribes) Order, 1950 which could only be done by a Parliamentary Act as per constitutional provision of Article 342 sub-clause (2).
Constitution Bench in State of Maharashtra Vs. Milind and Ors., (2001) 1 SCC 4 has held that Entries in Constitution (Scheduled Tribes) Order, 1950 can only be amended by an Act of Parliament under Article 342(2) and State Governments or Courts or other Authorities or Tribunals cannot hold inquiry so as to see whether any caste should be considered as included in Constitution (Scheduled Tribes) Order, 1950, where it is not specifically mentioned in the same.
Procedural History
The Bombay High Court, Nagpur Bench, allowed four writ petitions on 14.08.2018, declaring that the tribe 'Gond Gowari' was extinct and that 'Gowari' community is entitled to Scheduled Tribe benefits. The State of Maharashtra, Union of India, and an individual respondent filed appeals in the Supreme Court against this judgment. The Supreme Court heard the appeals and set aside the High Court's judgment, remanding the matter for fresh consideration.
Acts & Sections
- Constitution of India: Article 342
- Constitution (Scheduled Tribes) Order, 1950: Entry 18
- Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976:
