'State Can't Alter Schedule Caste List Published Under Art. 341', Supreme Court Quashes Bihar Govt Resolution To Merge EBC Community In SC List
8 months ago

'State Can't Alter Schedule Caste List Published Under Art. 341', Supreme Court Quashes Bihar Govt Resolution To Merge EBC Community In SC List

Live Law  

The Supreme Court on Monday struck down the resolution issued by the Bihar Government in 2015 which had merged one community in the Backward Castes list with another community in the Scheduled Caste list. In 2015, the Bihar Government issued a notification merging one community in the Extremely Backward Castes list i.e., “Tanti-Tantwa” with another community in the Scheduled Caste list i.e., 'Pan, Sawasi, Panr' for extending the benefit of Schedule Caste List to the Tanti-Tantwa community. Challenging the High Court's judgment, certain organizations appealed to the Supreme Court Agreeing with the Appellant's contention that the State Government had no competence/ authority/power to add a caste or sub-caste to any entry in the Scheduled Castes list notified under the Presidential Order under Article 341 of the Constitution of India, the Judgment authored by Justice Vikram Nath observed that any amendment, addition, deletion or modification to the list published under the Presidential Order can be made only by law enacted by Parliament and not otherwise. Instead, the Court directed : "We are of the view that all such posts of the Scheduled Castes reserved quota which have been extended to the members of the “Tanti-Tantwa” community appointed subsequent to the Resolution dated 01.07.2015 be returned to the Scheduled Castes Quota and all such members of the “Tanti-Tantwa” community, who have been extended such benefit may be accommodated under their original category of Extremely Backward Classes, for which the State may take appropriate measures."

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History of this topic

'Only Parliament Can Change SC List' : Supreme Court Dismisses PIL To Add Are-Katika Community In Scheduled Castes Category
Trending News
1 month ago

'Only Parliament Can Change SC List' : Supreme Court Dismisses PIL To Add Are-Katika Community In Scheduled Castes Category

Live Law  

Saying that only the Parliament has the power to do so, the Supreme Court today refused to entertain a public interest litigation seeking inclusion of the Are-Katika community in the Scheduled Castes category all across India. When the petition was sought to be withdrawn with liberty to approach the High Court, Justice Gavai shot back that the High Court also …

Emerging Threat For “Original” Lists Of Scheduled Castes/Scheduled Tribes Published Under Article 341 Of Constitution
2 months, 3 weeks ago

Emerging Threat For “Original” Lists Of Scheduled Castes/Scheduled Tribes Published Under Article 341 Of Constitution

Live Law  

The Punjab and Haryana High Court stayed the government order holding In the meanwhile, in view of the law laid down by the Supreme Court in the cases of State of Maharashtra v. Milind and others 2001 SCC 4 and E.V.Chinnaiah v. State of A.P. The five judges' bench of the Supreme Court again affirms in the case of State …

Subclassification of Scheduled Castes trigger arguments in assembly
4 months, 1 week ago

Subclassification of Scheduled Castes trigger arguments in assembly

Hindustan Times  

The recent sub-classification of Scheduled Castes in Haryana into deprived Scheduled Castes and other scheduled castes, to provide each of the two categories 50% of the 20% vacancies reserved for the SCs in government jobs, set off a war of words between Congress minister Geeta Bhukkal and minister for social justice, empowerment, SCs & BCs Welfare and Antyodaya Krishan Kumar …

Review Petition Filed In Supreme Court Against Judgment Allowing Sub-Classification Of Scheduled Castes & Creamy Layer Exclusion
7 months ago

Review Petition Filed In Supreme Court Against Judgment Allowing Sub-Classification Of Scheduled Castes & Creamy Layer Exclusion

Live Law  

A review petition has been filed in the Supreme Court challenging the judgment delivered on August 1, 2024, by a seven-judge bench which permitted the sub-classification of Scheduled Castes for providing separate quotas for more backward groups within the SC categories.The petition, filed by lawyer Jaishri Patil, contends that the Supreme Court's interpretation in the Indra Sawhney. A review petition …

Sub-Classification Of Scheduled Castes For Reservation, Creamy Layer Debate – Comment On State Of Punjab V. Davinder Singh (7 Judge-Bench Judgment)
7 months, 1 week ago

Sub-Classification Of Scheduled Castes For Reservation, Creamy Layer Debate – Comment On State Of Punjab V. Davinder Singh (7 Judge-Bench Judgment)

Live Law  

A seven-judge bench of the Supreme Court on 1 August 2024 decided the issue of constitutionality of sub-classification within the Scheduled Castes for the purpose of reservation in public employment. Justice Gavai further added that the criteria for the identification of creamy layer in Scheduled Castes and Scheduled Tribes may be different from the other backward castes. The reference to …

The debate continues over ‘creamy layer’ in India’s reservation system
7 months, 1 week ago

The debate continues over ‘creamy layer’ in India’s reservation system

Hindustan Times  

Since the time of the Constitution's drafting, the concept of the “creamy layer” in the reservation has been a pivotal issue of debate and legal scrutiny in India. The historical connection between "depressed classes" and "Scheduled Castes" underscores the continued impact of social hierarchies and the persistence of disadvantage faced by these groups, prompting specific constitutional provisions aimed at their …

Subclassification of scheduled castes: Haryana govt asks SC panel to analyse data
7 months, 1 week ago

Subclassification of scheduled castes: Haryana govt asks SC panel to analyse data

Hindustan Times  

The BJP government in Haryana on Thursday set in motion the process to ascertain inadequacy of representation of scheduled castes in public employment because of their backwardness. The apex court judgement had held that a November 9, 1994 Haryana government notification by which the scheduled castes in the state were classified in two categories – block A and B for …

Explained: Sub-classification of Scheduled Castes and the Supreme Court
7 months, 2 weeks ago

Explained: Sub-classification of Scheduled Castes and the Supreme Court

Hindustan Times  

On August 1, a seven-judge Constitutional Bench of the Supreme Court with a majority of 6:1 held that sub-classification of Scheduled Castes for the purpose of reservation was constitutional. While hearing the appeal in 2014, a three-judge bench of the Supreme Court noted that Chinniah needs to be revisited in light of Article 338 and the law laid in Indra …

Article 341 Intends To Only Give 'Constitutional Identity' To Scheduled Castes; Not To Hold Them As 'Homogenous Class' : Supreme Court
7 months, 2 weeks ago

Article 341 Intends To Only Give 'Constitutional Identity' To Scheduled Castes; Not To Hold Them As 'Homogenous Class' : Supreme Court

Live Law  

The Supreme Court in its recent decision allowing sub-classification of Scheduled Castes, observed that Article 341 does not create a 'deeming fiction' and only bestows a 'constitutional identity' upon those backward communities which are listed as Scheduled Castes. Article 341 Does Not Create A Deeming Fiction ; Provision Only Establishes A Clear Process For Legal Recognitition Of Scheduled Castes The …

States can sub-classify SCs for quotas: top court
7 months, 2 weeks ago

States can sub-classify SCs for quotas: top court

The Hindu  

In a 6:1 majority judgment on Thursday, a seven-judge Constitution Bench of the Supreme Court, headed by Chief Justice of India D.Y. Four of the seven judges on the Bench separately said the government should extend the “creamy layer principle” to Scheduled Castes and Scheduled Tribes, as in the case of the Other Backward Classes category. On Thursday, Chief Justice …

States cannot tinker with Scheduled Castes List, Supreme Court holds
8 months ago

States cannot tinker with Scheduled Castes List, Supreme Court holds

The Hindu  

The Supreme Court has held that States cannot tinker with the Scheduled Castes List notified under Article 341 of the Constitution. The judgment came in a challenge by Dr. Bhim Rao Ambedkar Vichar Manch, Patna, to a July 1, 2015 notification issued by the Bihar government, on the basis of the recommendation of the State Backward Commission to merge the …

Parliament approves 3 bills on J-K local bodies’ quota, SC/ST lists
1 year, 1 month ago

Parliament approves 3 bills on J-K local bodies’ quota, SC/ST lists

Hindustan Times  

New Delhi: The Rajya Sabha on Friday passed three bills pertaining to reservation for Other Backward Classes in local bodies and modification of the lists of Scheduled Castes and Scheduled Tribes in Jammu & Kashmir. The Jammu and Kashmir Local Bodies Laws Bill, 2024, the Constitution Order Bill, 2024 and the Constitution Scheduled Tribes Order Bill, 2024 – all of …

Parliament Clears The Constitution (Scheduled Castes and Scheduled Tribes) Orders (Amendment) Bill, 2024
1 year, 1 month ago

Parliament Clears The Constitution (Scheduled Castes and Scheduled Tribes) Orders (Amendment) Bill, 2024

Live Law  

Paving way for modification in the lists of Scheduled Castes and Scheduled Tribes for the State of Odisha, the Parliament on Thursday cleared the Constitution Orders Bill, 2024.Prepared on recommendations of Odisha government, after consultation with the Registrar General of India and the National Commissions for. Paving way for modification in the lists of Scheduled Castes and Scheduled Tribes for …

Degree Of Backwardness Within Scheduled Castes May Vary, Says Supreme Court; Centre Supports Subclassification Within SCs/STs [Day 2]
1 year, 1 month ago

Degree Of Backwardness Within Scheduled Castes May Vary, Says Supreme Court; Centre Supports Subclassification Within SCs/STs [Day 2]

Live Law  

The Supreme Court Constitution Bench on Tuesday while hearing on the validity of subclassifications within SC/STs deliberated upon the notion of homogeneity of class and what Article 341 of the Constitution meant in light of communities designated as a “Scheduled Caste” Senior Advocate Kapil Sibal appearing from the petitioner's side, argued that there were two key mistakes in the decision …

Cannot treat Scheduled Castes as a homogenous group: Supreme Court
1 year, 1 month ago

Cannot treat Scheduled Castes as a homogenous group: Supreme Court

The Hindu  

A seven-judge Constitution Bench headed by Chief Justice of India D.Y. Chandrachud on Tuesday observed that Scheduled Castes cannot be treated as a “homogenous group” for granting reservation as some may have advanced in society while other continue to remain “particularly underprivileged”. The court said the diverse groups, clubbed together in the Presidential list under Article 341 of the Constitution …

Matter Of Legislative Policy: Karnataka High Court Dismisses Plea Seeking To De-Recognize Certain Communities As Scheduled Tribes
1 year, 3 months ago

Matter Of Legislative Policy: Karnataka High Court Dismisses Plea Seeking To De-Recognize Certain Communities As Scheduled Tribes

Live Law  

The Karnataka High Court has dismissed a public interest litigation seeking to quash the enlistment of certain communities as Scheduled Tribes in the Constitution Order Act, 1991 & the Constitution Order Act, 2020. A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit dismissed the petition filed by Dr Ambedkar Scheduled Castes Federation Karnataka, through its …

Make Scheduled Caste Status Religion Neutral : Plea In Supreme Court
1 year, 8 months ago

Make Scheduled Caste Status Religion Neutral : Plea In Supreme Court

Live Law  

A petition has been filed in the Supreme Court seeking a declaration that 'religion' should not be used as a criterion to grant Scheduled Caste status.On July 3, a bench headed by Justice Sanjay Kishan Kaul ordered that the petition filed by Tamil Activist Kundanthai Arasan to be tagged along with the pending petition seeking SC reservations for Christian and …

Patna High Court Asks Bihar Govt To File Reply On Steps Taken For Appointment Of Members In Various State Commissions
1 year, 8 months ago

Patna High Court Asks Bihar Govt To File Reply On Steps Taken For Appointment Of Members In Various State Commissions

Live Law  

The Patna High Court has directed the State to file an affidavit within three weeks detailing the actions taken to appoint members to the State Scheduled Caste Commission, State Schedule Tribes Commission, Mahadalit Commission, and the State Commission for Women in Bihar. According to the petition, the State Scheduled Caste Commission in Bihar has been functioning without any members or …

A High Court does not have power to direct changes in Scheduled Tribes list: CJI
1 year, 10 months ago

A High Court does not have power to direct changes in Scheduled Tribes list: CJI

The Hindu  

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. …

Quotas for Dalit Muslims, Christians: SC wonders if it can rely on RM panel report
1 year, 11 months ago

Quotas for Dalit Muslims, Christians: SC wonders if it can rely on RM panel report

Deccan Chronicle  

New Delhi: What is the effect of the report of a Commission of Inquiry that has been rejected or not accepted by the government and whether the empirical data which formed the basis of the report can be looked at while determining a constitutional issue, the Supreme Court wondered on Wednesday while considering the question of quotas for Dalit Muslims …

SC refuses to entertain petitions against Bihar govt's caste-based census
2 years, 2 months ago

SC refuses to entertain petitions against Bihar govt's caste-based census

Op India  

The Supreme Court on Friday refused to entertain various pleas challenging the Bihar Government’s decision to conduct a caste-based census across the state. The plea moved by Vishnu Gupta National President of Hindu Sena sought to quash the notification dated June 6 2022 issued by the Deputy Secretary, Government of Bihar, whereby the State Government of Bihar has notified its …

Caste Census in Bihar: Supreme Court agrees to grant urgent hearing to petition challenging Nitish govt's decision
2 years, 2 months ago

Caste Census in Bihar: Supreme Court agrees to grant urgent hearing to petition challenging Nitish govt's decision

Op India  

The Supreme Court on Wednesday agreed to give an urgent hearing to the petition challenging the Bihar government’s notification for conducting the Caste Census in the state. A lawyer mentioned the plea before the Supreme Court seeking an urgent hearing of the petition challenging the Bihar Government’s notification for conducting the Caste Census in the State. Meanwhile, another petition was …

In affidavit in SC, Centre defends exclusion of Dalit Christians, Dalit Muslims from scheduled castes' list
2 years, 4 months ago

In affidavit in SC, Centre defends exclusion of Dalit Christians, Dalit Muslims from scheduled castes' list

Firstpost  

The affidavit was filed in response to a plea of NGO Centre for Public Interest Litigation seeking an extension of reservation and other benefits to people from Dalit communities who converted to Islam and Christianity New Delhi: The Centre has defended the exclusion of Dalit Christians and Dalit Muslims from the list of scheduled castes, saying historical data shows no …

Parliament: Bills for changes to SC/ST lists of Tripura, J’khand to be taken up
3 years ago

Parliament: Bills for changes to SC/ST lists of Tripura, J’khand to be taken up

Hindustan Times  

New Delhi: Proposed legislation for the amendment of Tripura and Jharkhand’s Scheduled Caste and Scheduled Tribes lists are listed for introduction in the Parliament on Wednesday The second part of Budget Session of Parliament began on Monday. Union minister Arjun Munda is scheduled to introduce the Constitution Order Bill in Lok Sabha to amend the Tripura’s ST list to include …

Supreme Court Refuses To Entertain Plea Challenging Bihar Circulars Of Altering Schedule Caste List
3 years, 2 months ago

Supreme Court Refuses To Entertain Plea Challenging Bihar Circulars Of Altering Schedule Caste List

Live Law  

The Supreme Court today refused to entertain a plea seeking quashing of circulars dated May 16, 2014 and July 1, 2015 issued by the State of Bihar by which the State had altered the Schedule Caste list.The State of Bihar on May 16, 2014 had issued a circular in which it had included the caste 'Khatwe' ). The Supreme Court …

State Govts Decided Which Castes Would Be Part of OBC Lists. Why Should That Change Now?
3 years, 10 months ago

State Govts Decided Which Castes Would Be Part of OBC Lists. Why Should That Change Now?

News 18  

On May 5, Supreme Court struck down Maharashtra government’s law that had given reservations to Marathas in jobs and state’s higher educational institutions. Article 342A, the newly introduced clause, reads: “The President may with respect to any State or Union territory, and where it is a State, after consultation with the Governor thereof, by public notification, specify the socially and …

Kerala High Court Directs State Government To Notify Forward Community List For EWS Reservation
3 years, 11 months ago

Kerala High Court Directs State Government To Notify Forward Community List For EWS Reservation

Live Law  

The Kerala High Court has directed the State Government to notify the list of non-reserved communities eligible for reservation for Economically Weaker Section within a period of one month. At the hearing this week, the Court noted that after Articles 15 and 16 were inserted, contemplating 10% reservation for Economically Weaker Sections in education and public service, Government of Kerala …

Parliament Passes Bill To Classify 7 Scheduled Caste Groups Of Tamil Nadu As 'Devendrakula Velalars'
3 years, 11 months ago

Parliament Passes Bill To Classify 7 Scheduled Caste Groups Of Tamil Nadu As 'Devendrakula Velalars'

Live Law  

The Rajya Sabha on Monday passed the Constitution Order Bill, 2021 by voice vote. It seeks to amend the Constitution Order, 1950 and group seven Scheduled Caste communities in certain districts of Tamil Nadu under 'Devendrakula Velalars'. The move comes ahead of the Tamil Nadu Assembly elections scheduled on April 6, 2021. As per the Statement of Objects annexed to …

States can have sub-groups among SCs/STs: Supreme Court
4 years, 6 months ago

States can have sub-groups among SCs/STs: Supreme Court

The Hindu  

A five-judge Bench of the Supreme Court on Thursday held that States can sub-classify Scheduled Castes and Scheduled Tribes in the Central List to provide preferential treatment to the “weakest out of the weak”. The Chinnaiah judgment had held that allowing States to unilaterally “make a class within a class of members of the Scheduled Castes” would amount to tinkering …

Inclusion of MBCs in scheduled caste list signals shift in social equations in Uttar Pradesh ahead of Assembly bypolls
5 years, 8 months ago

Inclusion of MBCs in scheduled caste list signals shift in social equations in Uttar Pradesh ahead of Assembly bypolls

Firstpost  

The Uttar Pradesh government’s decision to include 17 Most Backward Castes in the list of Scheduled Castes is likely to give the BJP an edge in the upcoming Assembly bypolls. Lucknow: The process to issue caste certificates to members of the 17 most backward classes, which were included in the SC list, could not have come at a more appropriate …

Rights and Protections for Scheduled Tribes and Scheduled Castes: A Comprehensive Overview
6 years, 10 months ago

Rights and Protections for Scheduled Tribes and Scheduled Castes: A Comprehensive Overview

The Quint  

The article outlines the rights and protections assured to Scheduled Caste communities and Scheduled Tribes in India. It covers various aspects of tribal welfare, including the rights under the Constitution, the Scheduled Castes and Tribes (Prevention of Atrocities Act), and the Fifth and Sixth Schedules of the Constitution.

Poll-bound Akhilesh Yadav adds 17 castes to SC list
8 years, 2 months ago

Poll-bound Akhilesh Yadav adds 17 castes to SC list

Deccan Chronicle  

Lucknow: With the crucial assembly polls in Uttar Pradesh around the corner, the Akhilesh government, on Thursday, approved the conversion of 17 Other Backward Castes to Scheduled Castes list at a cabinet meeting. In March 2013, the state assembly had passed a resolution asking the Centre to include 17 castes of the state into the list of Scheduled Castes category. …

Amendments in the Constitution (Scheduled Castes) Order, 1950
9 years, 3 months ago

Amendments in the Constitution (Scheduled Castes) Order, 1950

Live Law  

The Union Cabinet chaired by the Prime Minister Shri Narendra Modi has given its approval for introduction of a Bill in the Parliament for certain amendments in the Constitution Order, 1950 so as to modify the list of Scheduled Castes in respect of five States namely Chhattisgarh, Haryana, Kerala, Odisha and West Bengal and in the Central List of Other …

Rajya Sabha passes bill to include certain communities in SC list | IndiaTV News
10 years ago

Rajya Sabha passes bill to include certain communities in SC list | IndiaTV News

India TV News  

New Delhi: A bill to include certain synonymous names of communities under Scheduled Castes category in Haryana, Karnataka, Odisha and Dadra and Nagar Haveli was passed by Rajya Sabha today. Replying to a debate on the bill, Minister for Social Justice and Empowerment Thaawar Chand Gehlot said the law has been further amended to modify the SC list in three …

Govt in talks with private sector for job reservations
11 years, 6 months ago

Govt in talks with private sector for job reservations

Live Mint  

New Delhi: The government is in talks with the private sector on the issue of providing reservation in jobs, but wants to do it in an “amicable way”, social justice minister Kumari Selja said on Saturday. Selja was winding up a discussion on a Bill seeking to modify the existing list of Scheduled Castes in four states, including Odisha, and …

The head-count and some gaps
24 years ago

The head-count and some gaps

The Hindu  

Census 2001, which is expected to make significant additions to the existing data on several counts, raises some controversies too, particularly in the matter of recording the caste identity of people belonging to the Scheduled Castes and the Sc heduled Tribes. Judicial interpretations and legislative amendments have clarified that the list of Scheduled Castes would include only those following the …

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