15 July 2024 Constitutional & Government >> Constitution & Law Procedure  

In a significant judgment, the Supreme Court addressed the legality of a resolution issued by the Bihar State Government, which sought to merge the "Tanti-Tantwa" caste into the Scheduled Castes category. This decision, originally rendered by the Patna High Court on April 3, 2017, was recently revisited by the Supreme Court in appeals challenging the High Court's ruling.

Background:

The dispute centered around a Notification dated July 1, 2015, issued by the Bihar State Government. This Notification aimed to merge the "Tanti-Tantwa" caste, previously listed under the Extremely Backward Classes, with the Scheduled Castes category, specifically with the 'Pan/Sawasi' caste. This move was made based on recommendations from the State Backward Commission, which suggested that "Tanti-Tantwa" be integrated into the Scheduled Castes list to extend the benefits associated with this category. The core issue contested in the appeals was whether the State Government had the authority to make such a modification to the Scheduled Castes list, which is governed by the Constitution of India under Article 341. The appellants argued that only Parliament has the power to amend this list and that the State Government's actions were unconstitutional.

Constitutional Provisions:

Article 341 of the Indian Constitution gives the President the authority to specify which castes, races, or tribes are to be deemed Scheduled Castes for each State or Union Territory. Amendments to this list can only be made through legislation by Parliament, not by state authorities or executive actions. The prohibition on altering the list by subsequent notifications underscores the central role of parliamentary law in such matters. The Patna High Court had upheld the State Government's resolution, reasoning that it was merely a clarification rather than a substantive change to the Scheduled Castes list. The Court accepted the argument that "Tanti-Tantwa" was synonymous with 'Pan/Sawasi' and therefore could be integrated into the Scheduled Castes category.

Supreme Court's Findings:

The Supreme Court, however, found the Patna High Court's judgment flawed. The Court emphasized that the State Government had no authority to modify the Scheduled Castes list under Article 341 without parliamentary approval. The resolution issued on July 1, 2015, was deemed unconstitutional as it attempted to alter the list without following the mandated legal procedures. Despite finding the State Government’s action illegal, the Court acknowledged that members of the "Tanti-Tantwa" community who had already benefited from the resolution should not be penalized. The Court directed that the benefits and appointments made under the contested resolution be reconsidered. Specifically, posts reserved for Scheduled Castes that had been filled by "Tanti-Tantwa" members should be reallocated to the Scheduled Castes category. Simultaneously, those individuals should be accommodated under their original Extremely Backward Classes status.

Implications of the Ruling:

This judgment reaffirms the rigid adherence to constitutional provisions regarding the reservation lists for Scheduled Castes. It underscores the supremacy of parliamentary legislation in matters of such crucial public policy, reinforcing that state actions cannot supersede constitutional mandates. The Court's decision ensures that the benefits intended for Scheduled Castes are not diverted through unauthorized modifications, maintaining the integrity of reservation policies. The ruling also demonstrates a balanced approach, protecting individuals who may have been unfairly impacted by the State Government's actions while correcting the administrative errors. This approach ensures that the principles of equity and justice are upheld, despite the procedural lapses by the State Government. In conclusion, the Supreme Court's decision highlights the critical importance of adhering to constitutional processes and legislative authority in the administration of caste-based reservations and benefits.