ARTICLE 341 - POLITY
Why in News?
The Supreme Court Monday ruled states cannot
make changes to the Scheduled Caste list published under Article 341 of the
Constitution
Supreme Court Ruling and Authority
Supreme Court Ruling: States cannot alter the
Scheduled Caste list under Article 341 of the Constitution.
Case Specifics: The Supreme Court quashed the 2015 Bihar
government notification categorizing the Tanti-Tantwa community as Scheduled
Caste.
State Government's Authority: The state government lacks competence or authority to modify Scheduled
Castes lists under Article 341.
Court Findings
- Error
by Patna High Court: The Supreme Court identified a serious error by the
Patna High Court in upholding the Bihar government's notification without
proper reference to Article 341.
- Nature
of Notification: The notification was deemed "mala fide" and
unpardonable "mischief."
Impact and Reallocation
- Reversion
to Original Category: The Tanti-Tantwa community is to be reverted to its
original category of Extremely Backward Class.
- Reallocation
of Posts: Posts filled by Tanti-Tantwa community members under the SC
quota should be returned to the Scheduled Castes category, and
Tanti-Tantwa members should be accommodated in their original category.
- Impact
on Individuals: The court ruled that individual members of the
Tanti-Tantwa community would not face termination, recovery for illegal
appointments, or withdrawal of benefits.
Constitutional
Provisions Governing Reservation in India
- Part XVI deals with reservation
of SC and ST in Central and State legislatures.
- Article 15(4) and 16(4) of
the Constitution enabled the State and Central Governments to reserve
seats in government services for the members of the SC and ST.
- The Constitution was amended by the Constitution
(77th Amendment) Act, 1995 and a new clause (4A)
was inserted in Article 16 to enable the government to
provide reservation in promotion.
- Later, clause (4A) was
modified by the Constitution (85th Amendment) Act,
2001 to provide consequential seniority to SC and ST candidates
promoted by giving reservation.
- Constitutional 81st Amendment
Act, 2000 inserted Article 16 (4 B) which
enables the state to fill the unfilled vacancies of a year which are
reserved for SCs/STs in the succeeding year, thereby nullifying the
ceiling of fifty percent reservation on total number of vacancies of that
year
- Article 330 and 332 provides
for specific representation through reservation of seats for SCs and STs
in the Parliament and in the State Legislative Assemblies respectively.
- Article 243D provides reservation
of seats for SCs and STs in every Panchayat.
- Article 233T provides reservation
of seats for SCs and STs in every Municipality.
- Article 335 of the constitution
says that the claims of STs and STs shall be taken into
consideration constituently with the maintenance of efficacy of
the administration.
- The 103rd Constitution
Amendment Act, 2019, empowered both Centre and the states to
provide 10% reservation to the EWS (Economically Weaker Section)
category of society in government jobs and education
institutions.
Historical and Legislative Context
- 2011
Recommendation: In 2011, the Bihar government recommended including
Tanti-Tantwa in the SC list as a synonym of “Pan, Sawasi, Panr,” which was
not supported by the Registrar General of India.
- 2015
Resolution: Despite the Registrar General's stance, the Bihar government
passed the resolution on July 1, 2015.
- Relevant
Legislation: The Bihar Reservation of Vacancies in Posts and Services (for
Scheduled Castes, Scheduled Tribes, and other Backward Classes) Act, 1991
(Act No.3 of 1992) had listed Tanti-Tantwa under Extremely Backward
Classes at serial number 33.
Sources: https://indianexpress.com/article/india/top-court-quashes-bihar-decision-to-classify-tanti-tantwa-as-sc-9457846/