In a Petition for Relief under the Constitution (Scheduled Tribes) Order, 1950, in respect of the determination of his status as a member of a recognised tribal community, the Supreme Court refused to grant relief to the petitioner and confirmed the narrow approach to be adopted by the courts in such matters.
The case, which was before Justice Satish Chandra Sharma and Justice Sanjeev Sachdeva, had challenged the denial of benefits on the basis that the petitioner’s caste was not mentioned in the Presidential Order issued under Article 342 of the Constitution.
The Counsel for the Petitioner contended that the petitioner was a member of the community known as “Majhi” and his sub-tribe “Dimar” was a part of a larger recognised community. It was also implied that the competent authority issued the caste certificate, it was properly verified, and that various notifications issued by the State had clarified that the sub-tribes were included in the general tribal classification.
The Bench was far from convinced, repeatedly noting the binding nature of the Presidential Order and limits of interpretation. At the beginning of the hearing, the Court stated that “If you are covered by this, you are covered; otherwise, you are not.” This means that the investigation should be limited to the notified list of names.
Advancing the argument further, counsel argued that Article 342 allows for “parts or groups within tribes” to be recognized and that the historical notifications were proof of this petitioner’s claim. The Court, however, made a sharp distinction, saying that no benefit can be given except to the specific caste mentioned in the Presidential Order.
The Bench said that as long as the notified communities were not there in this sequence, there was no way forward. “As long as your caste is not there in this order, we do not get anywhere.” After receiving submissions from the petitioner who has been working as a member of the ST for years on a valid certificate, reiterated that such factors cannot act as an overruling on the constitutional framework for the ST identification.
“
“We are very clear about it, only the Parliament can amend it,” the Bench held, reiterating that any inclusion or exclusion from the Scheduled Tribes list lies exclusively within the domain of Parliament. Finding no merit in the challenge, the Court ultimately declined to interfere with the High Court’s decision, concluding: “No relief can be granted, the High Court was justified.”