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Tanti-Tatwa quashed as Scheduled Caste by Supreme Court
Context
The Supreme Court Monday ruled states cannot make changes to the Scheduled Caste list published under Article 341 of the Constitution and quashed the 2015 Bihar government notification categorising Tanti-Tantwa community as Scheduled Caste.
About the news:
The Tanti-Tatwa tribe
- Is a lesser-known Indigenous community
- Location: The Tanti-Tatwa tribe is primarily located in specific regions of India, particularly in the states of West Bengal, Bihar, and Jharkhand.
- Occupation: Traditionally, known for their expertise in weaving and producing various types of textiles, including saris and other traditional garments.
- The Supreme Court said that the state government has no competence or authority to tinker with the lists of Scheduled Castes published under Article 341 of the Constitution and directed the group be reverted to its original category of Extremely Backward Class.
- The state government had merged Tanti-Tatwa with the ‘Pan/Sawasi’ caste in the Scheduled Castes list.
- The Supreme Court called the notification of the state government “mala fide” and unpardonable “mischief”.However the court did not implement the decision retrospectively and appointments made till now stand valid.
Constitutional Provision:
- Article 341(1) mandates that the 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.
- Amendment to the Schedule caste list
- Article 341(2):The Scheduled Castes list specified under the notification under Clause-1 can be amended or altered only by a law made by the Parliament.
- As per this Article 342(2) neither the central government, nor the President can make any amendments or changes in the notification issued under Clause-1 without a law made by the Parliament, specifying the castes in relation to the states or UT, as the case may be.
- Article 338 :The National Commission for Scheduled Castes is a constitutional body.
- Established with a view to provide safeguards against the exploitation of Scheduled Castes and Anglo Indian communities to promote and protect their social, educational, economic and cultural interests; special provisions were made in the Constitution.
