Holding

A Presidential notification under Article 341(1) is final and conclusive; only the Lois residing in the eight specified villages are covered, and certificates issued to others are invalid.

Summary

The Supreme Court examined whether residents of villages other than the eight originally listed could claim Scheduled Caste status after the President’s notification under Article 341(1) declared the "Lois" as a Scheduled Caste in Manipur. A statutory commission found that only the Lois residing in the eight villages met the historical criteria of untouchability and therefore qualified for the status; certificates issued to about 2,500 persons from Kakching and other villages were done without any inquiry and were therefore invalid. The Court held that a Presidential notification under Article 341(1) is final and conclusive until amended by Parliament under Article 341(2), and cannot be altered by the State Government or by evidence before a court. Consequently, only the eight villages are covered by the notification, and the State must forward the commission’s report to the President and Parliament for any amendment. The appeals were disposed of, setting aside the High Court’s view that the certificates were valid.

Issues considered

Whether the High Court was correct in holding that all members of the Lois community are entitled to Scheduled Caste status until the Presidential notification is amended.
Whether a Presidential notification under Article 341(1) can be varied by State action or judicial consideration of evidence.
Whether certificates of Scheduled Caste status issued without a proper inquiry are valid.
Whether the State Government can issue Scheduled Caste certificates for persons not covered by the Presidential notification.

Legislation cited

Constitution of Indias. Article 15(2), s. Article 17, s. Article 340, s. Article 341(1), s. Article 341(2), s. Article 366(24), s. Article 46
Scheduled Castes and Scheduled Tribes (Amendment) Act, 1956
Scheduled Castes and Scheduled Tribes (Amendment) Act, 1976

Subjects

Scheduled CasteArticle 341Presidential notificationCaste certificatesValidity of certificatesParliamentary amendmentUntouchabilityCommission reportSpecial Leave Petition

Judgment

SH. HEIKHAM SURCHANDRA SINGH AND ORS. ETC. A
v.
THE REPRESENTATIVE OF "LOIS" KAKCHING, MANIPUR
(A SCHEDULED CASTE UPLIFT BODY) AND ORS.

OCTOBER 9, 1996
B
(K. RAMASWAMY AND G.B. PATTANAIK, JJ.]

Scheduled Castes and Scheduled Tribes Orde1; 1950 :

Scheduled Castes and Scheduled Tribes (Amendment) Act, 1956: c
Scheduled castes and Scheduled Tlibes (Amendment) Act, 1976 :

Scheduled Caste--Issuance of caste status certificate "Lois" community
in State of Manipur---Notification of President declaring "Lois" as Scheduled D
Caste-Earlier "Lois" of eight villages claiming themselves to be Scheduled
Caste-Three decades thereafter, 2500 certificates issued infavour of residents
of Kakching and other village~Agitation by "Lois" of initial eight villages
against issuance of caste status certificates to residents of other village~om
mission appointed by the State Govemment reported that "Lois" of initial
eight villages were Scheduled Castes and the 2500 certificates issued later were E
invalid-Govemment directed that certificates issued later should not be acted
upon-Held, though the High Cowt 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 certificate of status the competent officer
- should enquire whether the applicant is subjected to the disabilities which the F
Scheduled Castes have been suffening-All those who satisfy these criteria
alone are entitled to the issuance of certificates until the amendment is duly
made by Parliament under Article 341(2) of the Constitution. High Court was,
however, not right in its view that though the Certificates issued by the
Commissioner including the 2500 certificate holders were valid, they would G
be subject to the law made by the Parliament-Anyone who claims status of
Scheduled Caste should satisfy the criteria until the amendment is duly made
by Parliament under Article 341(2) of the Constitution and an inquiry should
be conducted in that behalf-Articles 15(2), 17 and 46 of the Constitution
furnish the unimpeachable historical evidence of disabilities to which
Scheduled Castes are subjected to. H
371
372 SUPREME COURT REPORTS [1996) SUPP. 7 S.C.R.

A Constitution of India, 1950 :

AJticle 341-Scheduled Caste-Presidential Notification-Inclusion/ex-
clusion of caste from-"lois" CommU11ity in State of Manipur-Commission
appointed by State Governmellt found that some "Lois" were not scheduled
B caste and certificates issued to them were invalid-Held, until the Presidential
notification issued under Anicle 341 ( 1) of the Constitution is modified by
appropriate amendment by Parliament i11 exercise of the power under AJticle
341 (2) of the Constitution, it 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 coult on adduction of evidence-State Government would furnish to the
C President of India the repolt submitted by the Commission, and all other
material for approp1iate action by the Central Government by laying before
the Parliament to effect necessary amendment under Anicle 341(2).
r

B. Basavalingappa v. D. Munichinnappa, [196S] 1 SCR 316; Bhaiyalal
D v. Harikishan Singh, [1965] 2 SCR 877; Srish Kumar Choudhury v. State of
Tripura, [1990] 1 SCR 576; Pa/ghat Ji/la Thandon Samudhaya Samrakshna
Samityi v. State of Kera/a, [1994] 1 SCC 357 and Kumari Madhuri Patel &
Ors. v.Additional Commissioner Tribal Development & Ors., [1994] 6 SCC
241, relied on.

E Nityanand Shanna &Anr. v. State of Bihar& Ors., JT (1996) 2 SC 117
and Valsamma Paulv. Cochin University& Ors., JT (1996) 1SC57, referred
to.

CIVIL APPELLATE JURISDICTION: Civil Appeal No. 14517 of
1996. j'
i
F I
From the Judgment and Order dated 17.11.95 of the Assam High •
Court in C.R. No. 800 of 1994.

R.F. Nariman, Dr. Shankar Ghosh, Ashok Kumar Sharma, N. Sud-
G hakaran, S.K. Bhattacharya, L.K. Paonam, Mrs. Anjani Aiyagari and Mrs.
Sushma Suri for the appearing parties.

K.H. Nobin Singh and Mrs. S. Janani for Caveator in C.A. No.
14518-24/96.

H The following Order of the Court was delivered :
HEIKHAM SURCHANDRA SINGH v. TIIEREPRESENTATIVEOF "LOIS" KAKCHING 373

Leave granted. A
We have heard learned counsel on both sides.

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

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 C
Castes and Scheduled Tribes (Amendment) Act, 1956 (53 of 1956) and
Scheduled Castes Scheduled Tribes (Amendment) Act, 1976. Consequent-
ly, "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 to Kakching village D
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. lbotombi Singh of E
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 caste 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 F
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 Lois community living in
these villages other than the 8 (eight) villages mentioned above did G
not claim themselves to be members of the Scheduled Caste for
more than 3 decades. Hence, it is our irresistible conclusion that
the expression Lois in the President's Notification included only
the Lois population living in these 8 (eight) villages, Sekmj
(Awang), Phayeng, Khurkhul, Koukruk, Laimaram, Kwatha
Laimaram Khunon (Jairenpokpi) and Andro." H
374 SUPREME COURT REPORTS [1996] SUPP. 7 S.C.R.

A 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
B
historically Lois in the true connotation of the term like those
specified 8 Scheduled Caste Lois 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 thr 18th century, caste, the backbone of all
c 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
D had been Excommunicated from the social mainstream under the
designation Lois came to be treated as being anterior to the caste
Meitei society. Mention may be made here that many of the
prisoners and social offenders exiled to the Lois villages had been
Hindu converts and as such through them the original Lois villagers
were brought under the minimal influence of Hinduism. However,
E 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.

F 51. Probably, peculiar of the local caste system, at the same time,
the erstwhile Lois villages that had been subjected to the stigma
of untouchability were again gradually absorbed into the Meitei
body social on the condition to their conversion into Hinduism
with the necessary approval of the then kings. What remain have
been those 8 villages covered by the Scheduled Caste Lois. The
G peoples in this lot of 8 (eight) villages are till date taken together
traditional customs and practices of manufacturing country liquor,
drinking it and relishing pork, as a collective way of cultural life,
though, to be candid, they also practice since long some of the
superficial cultural traits of Hinduism after the model of the
H Meitei, rather in the mode of fashion.
HEJKHAMSURCHANDRASINGHv. THEREPRESENTATJVEOF"LOIS'KAKCHING 375

52. All this unmistakenly speaks eloquently of the differentiation A
and, for that matter, categorisation, in later part of history of the
Lois into two distinct classes that one observes today in the
contemporary larger Meitei society. Most Probably, well cognizant
of this fact of dichotomy of the Lois, Shri P.C. Methew, Chief
Commissioner to the Government of Manipur recommended the B
names of only those specified 8 (eight) villages for inclusion in the
list of Scheduled Castes at the time of revision of the said list in
1956.

53. Crucially needful to the above point, it may be reckoned with
the fact that classification of a peripheral Hindu or Sikh people C
for recognition/inclusion in the list of Scheduled Castes rests on
the indisputable, simple criterion of untouchability or near un-
touchability, a disabling condition resulting from the people's ex-
terior, peripheral position in relation to the caste Hindu
mainstream. Now, put to the test of this criterion the case of the D
other Lois than the Scheduled Castes Lois provides the Committee
no rational point for its self justification of giving any suggestion
to the authority concerned for consideration of recognition/in-
clusion of this class of people in point as members of Scheduled
Castes. We take the privilege of passing this comment in so far as
advised is sought by the Government of Manipur from the Com- E
mittee on the matter in issue. This class of Lois stands rather much
closer to the caste Meitei pole of the Meitei-Lois social continuum.

54. What with the traditionally less strict feature of castism in
Manipur as compared with its scene in the rest of the Hindu F
universe and what with the massive caste eradication programs
undertaken by the Government of India on the strength of special
provisions in the Indian Constitution, the dehumanising social
situation of untouchability in this state of Manipur may be said to
have significantly diminished in its magnitude now. The concept G
of Lois as a social institution as it worked in history during the
days of the Meitei monarchs, too, is not now fully operative.
Payment of tributes to the then Meitei Lords had been stopped
with the British occupation and administration of Manipur. It is
all the more expected to be completely free from any such social
complexes as involved in the historical Lois institution and the H
376 SUPREME COURT REPORTS [1996] SUPP. 7 S.C.R.

A pos1t10n of exterior castes in these days of democracy in our
country. Repetition of the expression Lois as the name of the
Scheduled Castes community is indeed shorn of any idea of invok-
ing the old institution of Lois; it is sheerly for the administrative
purpose of the Government of India in scheduling certain really
Backward Classes for special protection of the people thereof,
B among whom the Lois of 8 (eight) specified villages of Manipur
have been duly recognised as one.

55. Despite these facts of contemporary social situation of Lois
castism of untouchability or near untouchability in Manipur, con-
c tinuity of this phenomenon in its residual forms looms large till
date. As a matter offact, this lingering residue of history still works
behind the fact of social distance standing between the so- called
Lois and the core Meiteis, particularly in the matter of marriage.
Owing to this reasons, cases of inter-marriage between the core
Meiteis and persons from any of the eight villages of the Scheduled
D
Caste Lois are very few and far between, the frequency being thus
left far short of the expected quantum. Some such similar scene
of social distance, in lesser degree undoubtedly, has been observed
in the relationship of the core Meitei with the Lois of the other
cla~s, too, vis-a-vis the latter's assimilation into the socio religious
E order of the former, a scene that presupposes rather low position
of this class of people in the local social hierarchy. Of late, inter
marriage of the meitei of higher social status with people of this
class of erstwhile Lois have occurred, admittedly; but, these are
conditional of the educational attainments and affluent economic
standings of the individual spouses from the latter group, and these
F
too mostly when they settle at the urban areas. At the group level,
however, they remain still, more or less, victimised under the old
social stigma of looking down upon them.

56. It is in consideration of this relative social backwardness of this
G integral section of people of the caste Hindu Meitei society that it
is hereby being suggested by the Committee with a humanistic and
egalitarianist concern for the people in point to the Government
of Manipur as an alternative course of action for the act of taking
a decision over the issue, the idea of examining if the case of this
H class of people could be considered infavour of their recognition/in-
HEIKHAM SURCHANDRA SINGH v. THE REPRESENTATIVEOF "LOIS" KAKCHING 377

clusion in the list of Other Backward Classes, of course, within the A
parameters not only of their social backwardness but also their
educational backwardness as so laid down in the Constitution of
India for such purpose. It would be worthwhile to mention here
that the Government of Manipur has not so far framed its State
list of OBCs. In case of acceptance of this suggestion as separate B
elaborate inquiry is asked for to evolve an appropriate scientific
methodology. If some or all, as the case may be, of the said class
of Lois are found social and educationally backward by the test of
the criteria set up by the acceptedly adopted methodology, they
may rightly be put, for administrative purpose, under the label
"Other Backward Lois." C

57. TERM NO. 3 : "to give recommendation regarding validity on
an approximately 2500 certificates issued by the Deputy Commis-
sioner, Thoabal during the period from March, 1992 onwards."
D
While deciding term. No. 2, we have already held that the term
Lois mentioned in the President's Notification includes only the
Lois population of the 8 villages, namely, Sekmai (Awang), Phayeng,
Khurkhul, Kouktruk, Laimaram, Laimaram Khunon (Tairenpokpi),
Kwatha and Andra and that the expression does not cover the Lois
population of the remaining 26 village. There is, therefore, no doubt E
that the Lois population of Kakching village are not included in
the expression Lois mentioned in the President's Notification. It
follows, therefore, that the Scheduled Caste certificates numbering
about 2500 issued by the District Magistrate and his subordinate
officers are not valid in the eye of law. Further, on perusal of the F
records, it is seen that the District Magistrate and his subordinate
offices issued Scheduled Caste certificates arbitrarily without making
proper inquiry as to the genuineness of the claims of the petitioners.
It is to be noted here that the absence of proper inquiry would
permit an inference that they were not even aware of the vital fact
and that they mechanically proceeded to issue the certificates which G
would unmistakably indicate that there was no application of mind
to the most relevant fact. Any order of this nature (passed mechani-
cally with application of mind of the competent authority) is liable
to be set aside as invalid. The District Magistrate issued one such
certificate in favour of one Ramesh war Singh (one of the 2500 H
378 SUPREME COURT REPORTS [1996] SUPP. 7 S.C.R.

A certificate holders) on the basis of the direction of the Government
of Manipur which was communicated to him by one Under
Secretary without making any inquiry for his subjective satisfaction
as to the genuineness of the claim. We have stated above and we
repeat it again that while doing so, the District Magistrate was
acting as a rubber stamp of the Government and therefore the
B
certificate issued by him in favour of Rameshwar Singh is invalid.
There is no dispute that the competent authorities to issue
Scheduled Castes certificate· are District Magistrate, Sub
Divisional Magistrate, etc. and not the Government of Manipur.
Therefore, the district Magistrate could not issue the certificate in
c favour of Rameshwar Singh on the advice or direction of the
Government without making any inquiry for his subjective satisfac-
tion. It appears that the District Magistrate was quite ignorant of
this simple legal position. The certificate purported to have been
issued by the District Magistrate, Thoabal was, in fact, made by
the Government of Manipur and the District Magistrate merely
D
acted as the mouth piece of the Government and, therefore, the
certificates issued by him in favour of Rameshwar Singh was
invalid. After all, the power exercisable by the District Magistrate
and his subordinate officers is a statutory power which can be
exercised only by them. It appears that the District Magistrate, ...
E Thoabal has lost sight of this aspect when he issued the certifi-
cates."

I
The Government accepted the Commission's recommendations by its
proceedings dated july 6, 1994 and acted upon the Report. In the
F meanwhile, directions were issued on June 30, 1994 that the caste certifi-
cates issued to the aforesaid persons from Kakching village would not be
acted upon. Calling this action in question, writ petitions came to be filed.
The High Court in the impugned order had held that the impugned order
of the Government was not sustainable in the light of the Presidential
Order. However, a direction was given that the Scheduled Caste Certifi-
G cates issued to the inhabitants of Kakching area shall be subject to the
appropriate legislation that may be passed on the basis of the enquiry
report. As against the quashing of the order, the appeal arising out of SLP
(C) No. 3408/96. was filed and as regards para 34, the respondents have
filed the appeal arising out of SLP (C) Nos. 8499-8505/96. Thus, these
H appeals by special leave.
HEIKHAM SURCHANDRA SINGH v. THE REPRESENTATIVE OF "LOIS' KAKCHING 379

Shri R.F. Nariman, learned senior counsel for the appellants, con- A
tended that in view of the findings recorded by the statutory Commission
appointed by the Government, though "Lois" has been': declared as a
Scheduled Caste throughout the State, except the persons who really have
the status of the Scheduled Castes or of Lois are inhabitants of the eight
villages, namely, Sekmai (Awang), Phayeng, Khurkl;rnl, Koutruk,
B
Laimaram, Laimaram Khunon (Tairenpokpi), Kwatha and Andro, the
people from other villages do not have the said status. In support thereof,
he relies upon the report of I. Seshimeran Aier, Commissioner and P.C.
Mathew, Commissioner appointed by the State Government to identify the .
Scheduled Castes for the purpose of amending the list of Schedule Castes
before coming into force of the 1956 (Amendment) Act. The persons C
inhabiting in these eight villages alone are the members of Scheduled
Castes. Others, though historically Lois, were assimilated in the
mainstream of the Meitei Hindu society. Therefore, they are not entitled to
the benefit of the status of Scheduled Castes for the purpose of the
Constitution. But they recommended to the Government for consideration D
of their social and educational backwardness after identification under
Article 340 of the Constitution. This material does indicate the Lois
inhabiting in rest of 18 villages, though historically considered to be Lois,
are, in fact, not Lois and they are not entitled to the status of Scheduled
Castes. The High Court, therefore, was not right in question the notifica-
tion issued by the Government. E

Dr. Shankar Ghosh, learned senior counsel for the respondents, on
behalf of 2500 recipients of social status as Scheduled Castes, on the other
hand, contended that in view of the Presidential notification issued after
the 1976 (Amendment) Act, declaring Lois in the State of Manipur as p
Scheduled Castes, it is neither permissible for the State Government nor
for the Court to subtract their status as Scheduled Castes by receiving any
evidence from any source, whether laid by the parties or by the Commis-
sion. Therefore, the certificates issue to the persons in Kakching village are
valid in law and that para 34 of the judgment of the High Court requires
to be set aside and it does not warrant interference with the rest of the G
conclusions reached by the Division Bench.

In view of the respective contentions, the question that arises for
consideration is : whether the view taken by the High Court is correct in
law? This Court has considered the controversy in catena of decisions. H
380 SUPREME COURT REPORTS [1996] SUPP. 7 S.C.R.

A Article 366(24) defines "Scheduled Castes" and Article 341(1) gives power
to the President in respect of any State or Union Territory to identify the
Scheduled Castes in consulatation with the Governor of the State and issue
a public notification specifying the Scheduled Castes for the purpose of the
Constitution. The Scheduled Castes so specified, shall be subject to law
B made by the Parliament under Article 341(2) of the Constitution. The list
of the Scheduled Castes thus published in respect of each of the State shall
be final and conclusive.

The question whether Bhovi is a voddar caste, the latter having been
declared by the Presidential notification to be a Scheduled Caste, had come
C up for consideration in B. Basavalingappa v. D. Munichinnappa, [1965] 1
SCR 316. The Constitution Bench considering the question had held that
"the power was given to Parliament to modify the notification made by the
President under Clause (1). Clause (2) further goes on to provide that a
notification issued under clause (1) shall not be varied by any subsequent
D notification, thus making the notification by the President final for all times
except for modification by law as provided by clause (2). Clearly, therefore,
Article 341 provides for a notification and for its finality except when
altered by Parliament by law. Therefore, in view of this stringent provision
of the Constitution with respect to a notification issued under clause (1),
E it is not open to any one to include any caste as coming within the
notification on the basis of evidence - oral or documentary - if caste in
question does not find specific mention in the terms of notification." This
view was reiterated by another Constitution Bench in Bhaiyalal v.
Harikishan Singh, [1965] 2 SCR 877. The question was reconsidered in Srish
Kumar Choudhury v. State of Tripura, [1990] 1 SCR 576. Therein, the
F Laskar community claimed the status of Scheduled Tribes in Tripura State.
The Presidential notification did not specifically deal with them by express
notification but they claimed the status similar to that of J amatia, Noatia
which are Tribes notified by the Pr~sident. Dealing with that question, this
Court, after considering the above two Constitution Bench judgments and
G other judgments, had held that as a result of the detailed enquiry made as
to the economic status, the level of education and the necessity of protec-
tion, inclusion into or exclusion from the Order requires to be made by the
President and, therefore, it is for the State Government to make necessary
recommendations to the President for taking appropriate action whether
H Laskars would be included as Scheduled Tribes by appropriate amend-
HEIKHAM SURCHANDRA SINGH v. THE REPRESENTATIVE OF "LOIS" KAKCHING 381

ment. In this behalf, until that was done, it was held that it was not A
permissible for the Court to receive any evidence to consider whether they
are Scheduled Tribes.

The question was also examined in Pa/ghat Ji/la Thandan Samudhaya
Samrakshna Samityi v. State of Kera/a, [1994] 1 SCC 357. Therein, another B
Bench of three Judges had held that Thandans in Kerala State were
declared to be Scheduled Castes. The High Court directed an enquiry
whether Ezhavas or Thiyyas who are other Backward Classes (Tappers)
are Thandans. This Court had held that the enquiry that was ordered by
the High Court to find out whether there was community called Thandan
distinct from Ezhava in Palghat District in areas other than the erstwhile ~
Chittur Taluk and also in any other place in the erstwhile Malabar District,
was not permissible to be made since neither th~ Court nor the State
Government has any power to amend or subtract the list published by the
President and, therefore, the direction issued by the High Court was not
correct in law. Accordingly a direction was given to issue necessary certifi- D
cates until the Order was amended by Parliament. Unfortunately, it was
not brought to the notice of the Court that they are Other Backward Class
(Tappers) and, therefore, similar question was considered by this Court in
Nityanand Shanna & Anr. v. State of Bihar & Ors., JT (1996) 2 SC 117.
Therein Lohars were not included in the Scheduled Tribes in the State of
Bihar. They claimed the status of Scheduled Tribes. Lohars are only E
blacksmiths while Lohras are the Scheduled Tribes notified by the Presi-
dent. This Court had held that it was not permissible for the Court to
consider whether Lohars are Lohras who are declared to be Scheduled
Tribes. In Kumari Madhuri Patel & Ors. v. Additional Commissioner, Tribal
Development & Ors., [1994] 6 SCC 241, a Bench of two Judges, to while F
one of us (K. Ramaswamy, J.) was a member had to consider whether
Kolis, a Backward Class in Maharashtra would be declared as Mahadeo
Koli, a Scheduled Tribe in Maharashtra. Despite the cultural advancement,
the genetic traits pass on from generation to generation and no one could
escape or forget or get over them. The tribal customs are peculiar to each
tribe or tribal communities and are still being maintained and preserved. G
Their cultural advancement to some extent may have modernised and
progressed but they would not be oblivious or ignorant of their customary
and cultural past to establish their affinity to the membership of a par-
ticular tribe. The tribe or tribal communities, parts of or groups thereof
have their peculiar traits. It was further held that Presidential declaration, H
382 SUPREME COURT REPORTS (1996] SUPP. 7 S.C.R.

A subject to amendment by Parliament, is conclusive. No addition to it by
way of declaration of castes. tribes or sub-caste, parts of or groups of tribes
or tribal community is permissible, After an elaborate survey of tlie Con-
stitutional purpose and the relative caste structures, customs, marriages
etc. it was held that Kolis are Backward Class and Mahadeo Koli are
B Scheduled Tribes. The appellants therein being OBCs were held not
entitled the status of Scheduled Tribes. The Court has no power to declare
them synonymous or as equivalent to the tribes specified in the order or
include in or substitute any caste/tribe etc. It would thus be clear that for
the purpose of the Constitutiop. "Scheduled Tribes" defined under Article
366(25) as substituted under .the Act, and the Second Schedule thereunder
C are conclusive. Though evidence may be admissible to a limited extent of
finding out whether the community which claims the status of Scheduled
Caste or Scheduled Tribe was in fact included in the concerned Schedule,
the Court is devoid of power to include in or exclude from or substitute or
declare synonymous of a Scheduled Caste or Scheduled Tribe or parts
D thereof or group of such caste or tribe. In Valsamma Paul v. Cochin
University & Ors., JT (1996) 1 SC 57 by virtue of the marriage, the appellant
a forward class claimed status of a backward class. The question arose :
whether she could claim the said status by virtue of being married to a
backward class (fishermen)? It was held that she was not entitled to the
said status. The retrograde attempt to grab the benefit preventing distribu-
E tive justice to the targetted group was deplored by the court. It would thus
be clear and we hold that until the Presidential notification was modified
by appropriate amendment by Parliament in exercise of the power under
Article 341(2) of the Constitution, the Presidential notification issued
under Article 341(1) is final and conclusive and it cannot be added to any
F caste or subtracted by any action either by the State Government or by a
court on adduction of evidence.

The next question is : whether the Lois other than the Lois residing
in the aforestated eight villages are entitled to claim the status as
· Scheduled Castes. It is right, as contended by Dr. Ghosh, that so long as
G 'the Presidential notification remains unamended, everyone who is declared
as Lois is entitled to the status of Scheduled Caste. But there is a peculiar
factual situation prevailing in the State of Manipur as historically collected
from the evidence by the two Commissioners appointed by the State
Government before 1956 (Amendment) Act and also the latest Commis-
H sion whose findings having been extracted hereinbefore.
•
HEIKHAM SURCHANDRA SINGH v. nm REPRESENTATIVE OF "LOIS'' KAKCHING 383

"C.M. Mathew, Commissioner had stated thus : A
'
"The Lois are living in the vally and they take meant and liquor as
the scheduled tribes but unlike the Schedule Tribes when they die
they are cremated. Socially the Lois are as little better than
Yaithibis in the eyes of the caste Hindus. The Lois are backward
and deserve special consideration from Government for the B
amelioration for their condition. I am, therefore, of opinion that
they should be included in the list of Scheduled Castes."

I. Sheshimeran Aier, Regional Assistant Commissioner after record-
ing evidence had stated in 1953 thus :
c
The term "Lois" means backward class. There are a distinct. com-
munity, different in many aspects from the manipuri Meitei, and
to a great extent similar to those of the hill tribes. They have been
treated as untouchable for the following reasons.
D
1. The Lois are not allowed to enter the houses of the Meiteis
(Manipuri Hindus).

2. The main occupation of the Lois are cultivation and distilling
of country liquor.

3. Inter-marriage and co-dining between the Lois and the E
Meiteis are prohibited.

4. The Lois worship Gods of nature.

5. The Lois cremate their deaths, in this respect they are a kin
F
to the Hindus."

It would thus be seen that the Lois who are Scheduled Castes have
been subject to the disabilities mentioned by the two commissioners, Aier
and Mathews and accepted by the statutory Commission. In this behalf,
Article 17, 15(2) and 46 furnish the unimpeachable historical evidence of G
disabilities to which Scheduled Castes are subjected to and the Constitu-
tion aimed to remedy by distributive justice, equality of opportunity and of
status with dignity of person in socio-economic and political democracy
and to prevent their exploitation. They would furnish as guiding principles
to solve the given problem. As stated earlier, the question is : who are
entitled to the status of Scheduled Castes? It is not in dispute that though H
384 SUPREME COURT REPORTS (1996] SUPP. 7S.C.R.
A 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
residents of Kakching; until then, they too did not claim that status. Except
the residents in Kakching village, no other residents in other 17 villages
B have claimed the status as Scheduled Castes even after 1992 till date. This
material has not been contradicted; nor can it be contradicted. The Com-
mission had pointed out that at the direction of the Government one
Rameshwar Singh was issued social status certificate as Scheduled Caste
without any enquiry. That would show the enormity of the misuse of the
C power to claim false social stat us.

Under these circumstances, 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
D subjected to the disabilities which the Scheduled Castes have been suffer-
ing. 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 certificates issued by the
Commissioner including those 2500 certificate holders were valid, they
E 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 Comraissioners until the amendment is duly made by the Parliament
under Article 341(2) of the Constitution and an enquiry should be con-
ducted in that behalf.
F
The State Government is directed to furnish to the President the
report submitted by the Commission, referred to hereinbefore, and all
other material for appropriate action by the Central Government by laying
before the Parliament to effect necessary amendment under Article 341(2)
of the Constitution.
G
The appeals are accordingly disposed of, but, in the circumstances,
without costs.

R.P. Appeals disposed of.