HC don’t have powers to direct changes to ST list : CJI

Subject : Polity

Section: Constitution

Concept :

The Chief Justice of India questioned why a 23-year-old Constitution Bench decision that clearly stated that no court or state has the authority to “add, subtract, or modify” the Scheduled Tribes List was not “shown” to the Manipur High Court.

Details

The Chief Justice stated that a High Court does not have the authority to make amendments to the Scheduled Tribes List. Designating a Scheduled Caste or Scheduled Tribe is a Presidential authority.
The Constitution Bench in State of Maharashtra v/s Milind (2000) concluded that State governments, courts, tribunals, or any other body have no authority to modify, amend, or alter the list of Scheduled Tribes (STs).

Background

In a recent case, the Manipur High Court declared that a community called Meitei/Meetei, which is not included in the STs list, should be considered a Scheduled Tribe.
The court also directed the state government to initiate the process of inclusion of this community in the list.
The protest against the order of the High Court resulted in the violence and death of more than 60 people.
The Manipur High Court decision was challenged in the Supreme Court, which stayed the order of the High Court.

The Supreme Court Observation

The Supreme Court also observed that the Manipur High Court had overlooked a landmark judgment of a five-judge Constitution Bench in 1997, which clearly stated that no court or state has the authority to “add, subtract, or modify” the Scheduled Tribes List.
The Chief Justice of India, who was heading the bench hearing the case, questioned why this judgment was not “shown” to the Manipur High Court.
Chief Justice remarked that such judicial interference in matters of policy and legislation would create chaos and confusion.

Scheduled Tribes List

It is a constitutional document that recognizes the rights and privileges of certain communities in India that are considered to be historically disadvantaged and marginalized.
The list is not static but can be amended by the Parliament of India under Article 342 of the Constitution.

Process of adding to the ST List:

The process of adding tribes to the ST list starts with a recommendation from the State governments.
It is sent to the Tribal Affairs Ministry, which reviews and sends them to the Registrar General of India, Under the Home Ministry for approval.
After approval, it is sent to the National Commission for Scheduled Tribes and then sent to the Cabinet for a final decision.
Once the cabinet finalizes it, then it introduces a bill in the parliament to amend the Constitution (Scheduled Castes) Order, 1950, and the Constitution (Scheduled Tribes) Order, 1950.
After the amendment bill is passed by both the Lok Sabha and Rajya Sabha, the President’s office takes the final decision under Articles 341 and 342 of the Constitution.