Upholding the “son of the soil” principle, the bench said if a person’s status migrates with him it will amount to depriving the rights of SC/STs of the host state.
The bench passed the order in view of the contradictory stand taken by the apex court in earlier verdicts.
The Delhi HC, while dealing with the issue of reservation in subordinate services, had referred the matter to the SC under Article 134A of the Constitution for authoritative adjudication on the issue.
'Communities notified as SC/ST in relation to a state'
A five-judge bench of Justices Ranjan Gogoi, N V Ramana, R Banumathi, M M Shantanagoudar and S Abdul Nazeer noted on Thursday that a particular community is notified as SC or ST in relation to a state and that concept would become “nugatory” (of no value) if migrants from other states are in its ambit.
“Unhesitatingly, therefore, it can be said that a person belonging to a scheduled caste in one state cannot be deemed to be a scheduled caste person in relation to any other state to which he migrates for the purpose of employment or education,” the court said.
The bench said the expression ‘in relation to that state or Union Territory’ and ‘for the purpose of this Constitution’ used in Articles 341 and 342 means benefits of reservation would be within the geographical territories of a state or UT, Justice Gogoi said in his judgement.
“If the special privileges or the rights granted to scheduled castes or scheduled tribes in a particular state are to be made available in all states and if such benefits are to be carried from state ‘A’ to state ‘B’ on migration, the mandate of Article 341/342 would get compromised,” it said.
The apex court also held that the state could not tinker with list of SCs or STs by including other castes or tribes, saying this can be done only by Parliament and states doing so will lead to constitutional anarchy.
“The upshot of the aforesaid discussion would lead us to the conclusion that the Presidential Orders issued under Article 341 in regard to scheduled castes and under Article 342 in regard to scheduled tribes cannot be varied or altered by any authority including the court.
It is Parliament alone which has been vested with the power to so act, that too, by laws made. SCs and STs thus specified in relation to a state or a UT do not carry the same status in another state or UT. Any expansion or deletion of the list by any authority except Parliament would be against the constitutional mandate,” it said.
from Times of India https://ift.tt/2PiesBB
