IMPORTANT POINT
The presidential notification issued under Article 341(1) of the Constitution of India is final and conclusive and it cannot be added to any caste or subtracted by any action either by the State Government or by a Court on adduction of evidence.

Headnote:(i) Constitution of India-Article 341(1)-Presidential notification issued under Art. 341(1) is final and conclusive-It cannot be added to any caste or subtracted by any action either by State Government or by a Court on adduction of evidence. (Para 8)
       (ii) Constitution of India-Art. 341(1)-President of India issued Scheduled Castes and Scheduled Tribes Order, 1950- Lois was declared as Scheduled Caste but not throughout the State-Order amended by Scheduled Castes and Scheduled Tribes (Amendment) Act, 1956 and Scheduled Castes Scheduled Tribes (Amendment) Act, 1976- Lois declared as a Scheduled Caste in relation to entire State of Manipur-Total population of all Scheduled Castes including Lois in Tripura State being 16000-Issue as to who were the persons among them entitled to the benefit of status of Scheduled Castes under Art. 341.
       Held that though Lois residing in 26 villages other than the eight named villages mentioned hereinbefore, had not claimed the status as Scheduled Castes until March 1992, until the Commissioner of District Thoubal and his subordinates had issued the social status certificates, for the first time, only to the 2500 residence of Kakching; until then, they too did not claim that status. Except the residents in kakching village, no other residents in other 17 villages have claimed the status as Scheduled Castes even after 1992 till date. (Para 10)
       Further held, though the High Court was right that until the amendment to the List has duly been made, the Lois would be entitled to the status of Scheduled Castes, before issuance of the certificate of status the competent officer should enquire whether the applicant is subjected to the disabilities which the Scheduled Castes have been suffering. All those who satisfy these criteria alone are entitled to the issuance of certificates until the amendment is duly made by the Parliament under Article 341(2) of the Constitution. The High Court, therefore, was not right in the conclusion in paragraph 34 that though the certificate issued by the Commissioner including those 2500 certificate holders were valid, they would be subject to the law made by the Parliament. Any one who claims the status of Scheduled Castes should satisfy the same criteria indicated by the Commissioners until the amendment is duly made by the Parliament under Article 341(2) of the Constitution and an enquiry should be conducted in that behalf. (Para 11)

ORDER

Leave granted.

We have heard learned counsel on both sides.

2. These appeals by special leave arise from the common judgment of the Division Bench of the High of Guwahati, Imphal Bench made on November 17, 1995 in Civil Rule No. 800/94 and batch.

3. The admitted position is that when the President of India, exercising the power under Article 341(1) of the Constitution, had issued Scheduled Castes and Scheduled Tribes Order, 1950 "Lois" was declared as Scheduled Caste but not throughout the State. It was amended by the Scheduled Castes and Scheduled Tribes (Amendment) Act, 1956 (53 of 1956) and Scheduled Castes Scheduled Tribes (Amendment) Act, 1976. Consequently, "Lois" came to be declared as a Scheduled Caste for the purpose of the Constitution in relation to the entire State of Manipur. We are informed that the total population of all Scheduled Castes including Lois in Tripura State is 16000. It would appear that after the residents of Kakching village belonging to "Lois" caste had obtained 2500 certificates showing their social status as Scheduled Castes for the purpose of the Constitution, it would appear that an issue as regards their status as Scheduled Castes gave rise to agitation by people residing in eight villages. A Statutory Commission consisting of a retired High Court Judge, Justice Y. Ibotombi Singh of Assam High Court and two other members, one of which was a sociologist, was constituted to enquire into the status of the members of Lois in the State of Manipur and to recommend as to who were the persons among them entitled to the benefit of the status of Scheduled Castes under Article 341 and also to suggest remedial steps in that behalf. Pursuant thereto, a report was submitted by the Commission on February 28, 1993 after detailed survey of the issue and enquiry. In that report, the Commission pointed out in paragraph 25 as under :

"On the other hand, the members of the Loi community living in these villages other than the 8 (eight) villages mentioned above did not claim themselves to be members of the Scheduled Caste for more than 3 decades. Hence, it is our irresistible conclusion that the expression Loi in the President s Notification included only the Loi population living in these 8 (eight) villages, Sekmj (Awang), Phayeng, Khurkhul, Koukruk, Laimaram, Kwatha Laimaram Khunon (Jairenpokpi) and Andro."

In paragraphs 50 to 57, the Commission had recorded its conclusion as under :

50. Admittedly, these 10 villages viz., Kakching Khullen, Pallel, Waikhong, Kakching Khunou, Chairel, Wangoo, Sagnu, Moirang, Khamaran and Thanga plus 16 others villages of this State were historically Lois in the true connotation of the term like those specified 8 Scheduled Caste Loi villages. Certainly, Caste system has not be working in Manipur as strictly as in the rest of the country. Yet, consequent upon the mass conversion of the Meitei into Hinduism since the 18th century, Caste, the backbone of all Hindu social orders, system in a way whatever different it may be from cases in the rest of the Hindu world. In fact, the uniqueness of Hindu Caste system lies in its differences from one region to another and even within the same region. As a corollary of the new social order organised on the caste line, the chunk of people who had been Excommunicated from the social mainstream under the designation Lois came to be treated as being enter or to the caste Meitei Society. Mention may be made here that many of the prisoners and social offenders exiled to the Loi villages had been Hindu converts and as such through them the original Loi villagers were brought under the minimal influence of Hinduism. However, on ground of being Lois by birth and by banishment, this class of people formed a distinct population of local exterior caste whose relationship with the caste Meiteis was markedly characterised by the taboo of inter-marriage and co-dinning.

51. Probably, peculiar of the local caste system, at the same time, the erstwhile Loi vil

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1996 Supreme(SC) 1665

IMPORTANT POINTThe presidential notification issued under Article 341(1) of the Constitution of India is final and conclusive and it cannot be added to any caste or subtracted by any action either by the State Government or by a Court on adduction of evidence.

Cases Referred (6)

IMPORTANT POINT
The presidential notification issued under Article 341(1) of the Constitution of India is final and conclusive and it cannot be added to any caste or subtracted by any action either by the State Government or by a Court on adduction of evidence.