Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India – Arts.341 and 342 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Constitution of India – Arts.341 and 342 – 1950 PresidentialOrder declared “Kulis” to be Scheduled Tribe in the appellant-State– However, 1956 Presidential Order declared “Kuli” to be ScheduledCaste in Sambalpur District only while also continued declaring“Kulis” to be Scheduled Tribe in the State – Said Presidential Ordersreplaced by 1976 Act in which caste “Kuli” was not mentioned,however,”Kulis” was notified as Scheduled Tribe – Issue as towhether the tribe mentioned as “Kulis” in the 1976 Act includespersons belonging to the “Kuli” community – Held: After thePresident issues Order u/Art.341 or 342, specifying the tribes ortribal communities or parts of or groups thereof, which shall for thepurposes of the Constitution, be deemed to be Scheduled Tribes inrelation to that State, the said Order cannot be amended, modified,added to or any caste or tribe deleted therefrom by the State or byany court or tribunal – Only the Parliament can enact a law toinclude or exclude any caste, race or tribe from the list of ScheduledCastes or Scheduled Tribes– However, the Court has to ensure thatthe order is read in such a manner that no caste or tribe, which isintended by President or by Parliament to be included, is actuallyexcluded – In the present case, earlier the President (in thePresidential Order) and later Parliament (in the 1976 Act) hadincluded “Kulis” in the list of Scheduled Tribe – However, the Statehas failed to show that there is any community caste or tribe, knownas “Kulis” in the State of Odisha – Thus, there was only onecommunity known as “Kuli” which was treated as Scheduled Castein Sambalpur District for some time but was treated as ScheduledTribe for the entire State – Term “Kulis” used in the Order is in thenature of plural for “Kuli” –”Kulis” and “Kuli” have been usedinterchangeably – Thus, if “Kuli” is not included in “Kulis”, thenet result would be deleting a Tribe from the list of Scheduled Tribes – This also no Court or Tribunal is entitled to – Any other interpretation would mean that nobody would be able to take benefitof belonging to “Kulis” tribe– Term “Kulis” will include membersof the “Kuli” community – Scheduled Castes and Scheduled TribesOrders (Amendment) Act, 1976– Schedule II, Part XII– Constitution(Scheduled Tribes) Order, 1950– Part VI– Scheduled Castes andScheduled Tribes Lists (Modification) Order, 1956– Part IX,Schedule I, Part IX, Schedule III. |
Judge | Hon'ble Mr. Justice Deepak Gupta |
Neutral Citation | 2018 INSC 900 |
Petitioner | State Of Orissa |
Respondent | Dasarathi Meher |
SCR | [2018] 13 S.C.R. 443 |
Judgement Date | 2018-09-27 |
Case Number | 7362 |
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