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Source: The post is based on the article “High Court does not have power to direct changes to Scheduled Tribes List: CJI” published in The Hindu on 8th May 2023
What is the News?
The Supreme Court has said that no High Court or State Government has the power to add, subtract or modify the Scheduled Tribes List.
What was the case about?
A petition was filed in the Supreme Court challenging the direction of the Manipur High Court to consider the inclusion of the Meitei community in the Scheduled Tribe list.
What did the Supreme Court rule?
The Supreme Court said that there were several judgments of the Supreme Court which held that the High Court could not direct the grant of ST status to a community.
For instance, in the State of Maharashtra versus Milind, the Supreme Court had held that the State governments or courts or tribunals or any other authority cannot modify, amend or alter the list of Scheduled Tribes specified in the notification issued under clause (1) of Article 342.
The court had held that a notification issued under clause (1) of Article 342 specifying Scheduled Tribes, can be amended only by law to be made by Parliament.
