States cannot tinker with the Scheduled Castes List, says SC

Sub: Polity

Sec: Constitution

Context:

The Supreme Court has held that States cannot tinker with the Scheduled Castes List notified under Article 341 of the Constitution.

More on the news?

In a recent judgment the Supreme court held that inclusions and exclusions in the Scheduled Castes List are only possible through law made by the Parliament and neither the President nor the Centre can make changes.
This decision came as the Supreme Court quashed a 2015 Bihar government notification that sought to categorize the Tanti-Tantwa community as Scheduled Caste (SC).
The court observed that the Bihar government had not followed the due process and consultation with the Registrar General of India, who had not supported the proposal to include Tanti-Tantwa in the SC list.

What is the Procedure for inclusions and exclusions in the Scheduled Castes List?

Initiation of process:
- A state government proposes the inclusion or exclusion of a community from the SC list, which is scrutinized by the Ministry of Social Justice and Empowerment.
Expert Consultation:
- The National Commission for Scheduled Castes (NCSC) along with the Registrar General of India provides expert recommendations on the proposal.
Parliamentary Process:
- A Constitutional Amendment Bill is introduced in Parliament, detailing the proposed changes to the SC list.
- The bill needs to be passed by a special majority in parliament.
Presidential Assent:
- After the bill is passed by both houses of parliament it is referred to the President.
- If the President gives his assent, the amendments to the SC list are officially enacted.

Constitutional provisions related to inclusions and exclusions in the Scheduled Castes List.

Article 341(1):President, after consultation with the State Governor, may by public notification specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of this Constitution be deemed to be Scheduled Castes in relation to a State or Union Territory.
Article 341(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.