A High Court does not have power to direct changes in Scheduled Tribes list: CJI
As Manipur and Central governments claimed the State is returning to normalcy, Chief Justice of India D.Y. Chandrachud on Monday wondered aloud why a 23-year-old Constitution Bench judgment which clearly held that no court or State has power to “add, subtract or modify” with the Scheduled Tribes List was not “shown” to the Manipur High Court in the first place. Chief Justice Chandrachud orally said a High Court does not have the power to direct changes in the Scheduled Tribes List. “It is not open to State governments or courts or tribunals or any other authority to modify, amend or alter the list of Scheduled Tribes specified in the notification issued under clause of Article 342,” the Constitution Bench in State of Maharashtra versus Milind had held in November 2000. The settled law in the Milind verdict had been referred to by a July 2017 judgment authored by Justice Chandrachud for a three-judge Bench of the Supreme Court in CMD, FCI versus Jagdish Balaram Bahira to note that the Presidential Order under Article 342 regarding Scheduled Tribes was always “final”.
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