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The Supreme Court has held that the States cannot tinker with the Scheduled Castes List notified under Article 341 of the Constitution.
The judgment by the top court 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 Classes Commission to merge the Extremely Backward Class (EBC) of Tanti-Tantwa with the Scheduled Caste of Pan/Sawasi in the Scheduled Castes List.
The merger would enable the Tanti-Tantwa to claim the benefits of Scheduled Castes
Article 341
Scheduled Castes
(1) 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 castes, races or tribes or parts of or group within castes, races or tribes which shall for the purposes of this Constitution be deemed to be Scheduled Castes in relation to that State or Union territory, as the case may be
(2) Parliament may by law include in or exclude from the list of Scheduled Castes specified in a notification issued under clause (1) any caste, race or tribe or part of or group within any caste, race or tribe, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.
COMMENTS