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2024 Supreme(Online)(KER) 51769
HIGH COURT OF KERALA
GOPINATH P, J
AKHILA KERALA MAVILAN SAMAJAM – Appellant
Versus
UNION OF INDIA – Respondent
WP(C) 18160/2015
SRI.P.K.JAYAKRISHNAN, SRI.P.K.GEETHAKRISHNAN, SRI.K.R.RAJKUMAR, ADDL.CGSC (FOR R1, R3 & R4), SRI. ROBIN RAJ M K (SPL GP)
The Court affirmed that only Parliament can amend the Scheduled Tribes list under Article 342, and the judiciary's role is limited to reviewing the legality of such legislative actions.
Headnote:(A) Constitution of India - Articles 14, 21, and 342 - Writ petition seeking to quash the Constitution (Scheduled Tribes) Order (Amendment) Act, 2013, which included the Marati community in the Scheduled Tribes list for Kerala - Court found that the inclusion was based on socio-economic studies and legislative power of Parliament under Article 342(2) - Jurisdiction of the Court to adjudicate on community status is limited and does not extend to fact-finding exercises. (Paras 2, 3)
(B) Jurisdiction - The Court reiterated that once a notification is issued under Article 342(1), only Parliament has the authority to amend it, and the Court cannot interfere in such matters. (Paras 3)
Facts of the case:
The writ petition challenged the inclusion of the Marati community in the Scheduled Tribes list, asserting it was unconstitutional and sought various reliefs including quashing the amendment and excluding the community from the list.
Findings of Court:
The Court upheld the previous judgment dismissing a similar writ petition, affirming that the President's notification under Article 342(1) can only be amended by Parliament.
Issues: The main issues were the authority of the Court to adjudicate on the status of a community as Scheduled Tribe and the validity of the legislative amendment.
Ratio Decidendi: The Court ruled that the legislative power to include or exclude communities from the Scheduled Tribes list lies solely with Parliament, and the Court's jurisdiction is limited to reviewing the legality of such actions, not the factual basis for them.
Result: Writ petition dismissed.
J U D G M E N T
This writ petition has been filed seeking the following reliefs:
i. Call for the entire records leading to the case from the concerned respondents Ministry, departments and from the state and the central governments.
ii.issue a writ of Certiorari and/or any other appropriate Writ/ direction or order quashing and setting aside the Part of the Constitution (Scheduled Tribes) Order (Amendment) Act, 2013 (No.24 of 2013), passed under Article 342, that has included the non-Tribe as part of Scheduled Tribes list for the State of Kerala i.e., “(a) in Part-VII..Kerala, after entry 27, insert-
“28. Marati (of the Hosdurg and Kasargod Taluks of Kasargod District)" [Ext.P19] And;
iii. Declare that the Constitution (Scheduled Tribes)
Order (Amendment) Act, 2013. (No.24 of 2013), in as much as and to the extent it includes Marati (of the Hosdurg and Kasargod Taluks of Kasargod District) is ultra vires and violative of Article 14 and 21 of the Constitution of India and therefore void and inoperative.
iv. Quash the recommendations made by the Government of Kerala, which formed the basis of the Constitution (Scheduled Tribes) Order (Amendment) Act, 2013. (No.24 of 2013), for the inclusion of Marati community vide Order No. G1/2010/SCSTDD dated 31.8.2010 (Ext.P13) and the recommendation by the National Commission for Scheduled Tribe vide recommendation No.16/01/inclusion/2012 RU-III dated 12.07.2012 (Ext.P16) as illegal and unconstitutional.
v.Issue specific direction to the National Commission for Scheduled Tribes to initiate time bound steps to exclude Marati community from the list of Scheduled Tribes in State of Kerala, included vide Constitution (Scheduled Tribes) Order (Amendment) Act, 2013.
( No. 24 of 2013), passed under Article 342 i.e., "(a) in Part-VII..Kerala, after entry 27, insert- "28. Marati (of the Hosdurg and Kasargod Taluks of Kasargod District)" And;
vi.Declare that Marati (Hosdurg and Kasargod Taluk of Kasargod District) of Kerala are not entitled to be included in the list of Scheduled Tribe and are not entitled to the benefits of Scheduled Tribe.
vii.Issue detailed guidelines to the state and the Central Governments for the inclusion and exclusion of a community from the list of Scheduled Tribe, from the Presidential Order in tune with Art. 342 (1) and (2) of the constitution.
viii.Issue a writ of Mandamus or any other appropriate writ direction or order to the government of Kerala to implement the proposal for the exclusion of Marati community from the list of Scheduled Tribe as provided in Exhibit P-20 dated 16.11.2013.
ix. Pass such other relief or reliefs as this Hon'ble Court deems just and proper in the facts and circumstances of the case may also be granted.
2. It is seen from the pleadings in the writ petition that W.P.(C)No.27770 of 2012 was filed before this Court seeking almost identical reliefs. That writ petition was dismissed by this Court through Ext.P18 judgment finding as follows:
“2. The sequence of events as narrated in the writ petition shows that the community by name 'Marati' was earlier included in Ext. P1 Constitutional Order as a Scheduled Tribe community. This order was issued by the President invoking the power and procedure under Article 342(1) of the Constitution of India . Subsequently, based on various studies as to the socio-economic status of the persons belonging to the community, reports were submitted by KIRTADS, as borne by Exts.P3 and P4, whereby it was categorically asserted that they do not come within the purview of 'Scheduled Tribe' and it was accordingly, that the 'Marati' community came to be omitted from the list by virtue of a conscious exercise of the legislative power vested with the Parliament under Sub Article 2 of Article 342, as borne by Ext.P5. Now after a few years, things have taken a different turn following the same cycle, whereby another report has been procured from the KIRTADS, as borne by Ext.P6, certifying that the socio economic status of the persons conc
