33rd Edition | Supreme Court Overturns Bihar Government's Resolution on Caste List Merger

Case- DR. BHIM RAO AMBEDKAR VICHAR MANCH BIHAR, PATNA vs THE STATE OF BIHAR & ORS.

In a significant judgment on July 15, 2024, the Supreme Court of India quashed a resolution by the Bihar Government issued in 2015. This resolution had attempted to merge the Tanti-Tantwa community, previously listed under the Extremely Backward Classes (EBC), with the Pan, Sawasi, and Panr communities in the Scheduled Castes (SC) list. The apex court held that such actions are beyond the powers of state governments, which lack the competence to alter the lists of Scheduled Castes as established under Article 341 of the Constitution.

Court's Standpoint on State Competence

The judgment, delivered by a bench comprising Justices Vikram Nath and Prashant Kumar Mishra, underscored the constitutional mandate that any modification to the Scheduled Castes lists can only be effected by a law passed by Parliament. The bench observed, "The State may be justified in deleting 'Tanti-Tantwa' from the EBC list on the recommendation of the State Backward Commission. However, merging 'Tanti-Tantwa' with 'Pan, Sawasi, Panr' in the SC list is a mala fide exercise beyond the State's authority."

High Court and Supreme Court Proceedings

Initially, the 2015 notification by the Bihar Government was upheld by the High Court. However, this decision was challenged in the Supreme Court by several organizations. The appellants contended that the State Government lacked the authority to alter the SC list, a power exclusively reserved for Parliament under Article 341.

Agreeing with the appellants, the Supreme Court stated that any amendment, addition, deletion, or modification to the SC list must be legislated by Parliament. Justice Vikram Nath noted, "The Resolution dated 01.07.2015 was patently illegal as the State Government had no competence to alter the lists of Scheduled Castes published under Article 341 of the Constitution."

Implications and Directives

The court expressed strong disapproval of the Bihar Government's approach, emphasizing the gravity of depriving Scheduled Caste members of their rightful benefits by extending these to another community. The court declared, "The action of the State is found to be mala fide and unconstitutional. The State cannot misappropriate benefits meant for Scheduled Castes by extending them to other communities."

However, the Supreme Court refrained from invalidating the appointments made under the SC quota for members of the Tanti-Tantwa community since 2015. Instead, it directed that these posts be returned to the Scheduled Castes quota, and the Tanti-Tantwa community members be accommodated under the EBC category.

Conclusion

This landmark judgment reaffirms the constitutional principle that only Parliament can amend the lists of Scheduled Castes. It serves as a crucial reminder to state governments to adhere to their constitutional boundaries and avoid actions that could undermine the rights and benefits accorded to historically disadvantaged communities.

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