Court emphasizes that inclusion of castes requires legislative action by Parliament, not judicial directions.
In a significant ruling, the Allahabad High Court dismissed a writ petition seeking the inclusion of the Nishad, Kashyap, Kewat, Mallah, and Bind communities in the Scheduled Castes list. The Division Bench, comprising Justices Alok Mathur and Amitabh Kumar Rai, underscored the constitutional mandate that any modification to the Scheduled Castes list can only be enacted by Parliament, not through judicial intervention.
The petition, filed by Chandra Shekhar Nishad, sought a direction for the inclusion of these communities in the Scheduled Castes list, arguing that they are synonyms or sub-castes of the Majhwar caste, which is already recognized as a Scheduled Caste. The petitioner also requested that facilities and quotas designated for Scheduled Castes be extended to these communities.
However, the court clarified that under Articles 341 and 342 of the Indian Constitution, only the President, in consultation with the Governor, can issue a notification specifying the castes, races, or tribes deemed as Scheduled Castes. Any subsequent modification to this list requires a legislative act by Parliament, as highlighted in the landmark Supreme Court judgment in State of Maharashtra v. Milind.
The court noted that the Constitution (Scheduled Castes) Order, 1950, specifically mentions the Majhwar caste but does not include the petitioner’s communities. The bench stated, "If there had been any intention to include such castes along with the caste Majhwar, then such castes would also have been mentioned along with the caste Majhwar."
The petitioner’s reliance on earlier Supreme Court judgments, such as B. Basavalingappa v. D. Munichinnappa, was found to be inapplicable as those cases dealt with specific circumstances not present in the current petition. The court also pointed out that the state government's previous notification, which temporarily recognized these communities as Scheduled Castes, was rescinded, reaffirming their status as Other Backward Classes.
The judgment further emphasized that any inquiry to establish whether a caste or sub-caste not explicitly mentioned in the Presidential Order can be deemed a Scheduled Caste is impermissible. The court stressed that such modifications are beyond judicial purview and rest solely with Parliament.
In conclusion, the court ruled that the plea to include the Nishad, Kashyap, Kewat, Mallah, and Bind communities in the Scheduled Castes list was devoid of merit, reiterating the constitutional framework governing such inclusions. The petition was dismissed with no order as to costs.
Bottom line:-
Inclusion of castes in Scheduled Castes list under Article 341 of the Constitution cannot be done by judicial directions; it requires legislative enactment by Parliament.
Statutory provision(s): Articles 341 and 342 of the Constitution of India.
Chandra Shekhar Nishad v. Union of India, (Allahabad)(Lucknow)(DB) : Law Finder Doc id # 2928179
