THE STATE OF MAHARASHTRA & ANR. versus KESHAO VISHWANATH SONONE & ANR.

Citation: [2020] 11 S.C.R. 597 · Decided: 18-12-2020 · Supreme Court of India · Bench: ASHOK BHUSHAN · Disposal: Appeal(s) allowed

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Judgment (excerpt)

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THE STATE OF MAHARASHTRA & ANR.
v.
KESHAO VISHWANATH SONONE & ANR.
(Civil Appeal No. 4096 of 2020)
DECEMBER 18, 2020
[ASHOK BHUSHAN, R. SUBHASH REDDY AND
M. R. SHAH, JJ.]
Constitution of India – Article 342 –Constitution (Scheduled
Tribes) Order, 1950 – High Court allowed writ petitions inter alia
declaring ‘Gowari’ as ‘Gond Gowari’ a Scheduled Tribes referred
to in Entry 18, 1950 Order – On appeal, held: Art.342(2) provides
that any inclusion or exclusion from the list of Scheduled Tribes
specified in a notification issued u/Art.342(1) can be done only by
Parliament by law – High Court could not have entertained the
claim or looked into the evidences to find out and decide that tribe
“Gowari” is part of Scheduled Tribe “Gond Gowari” included in
the 1950 Order – No conflict in the ratio of Constitution Bench
judgments in B. Basavalingappa case reported as [1965] SCR 316
and Milind case reported as [2000] 5 Suppl. SCR 65 – Further, High
Court also could not have entered into the issue that “Gond Gowari”
is no more in existence and became extinct before 1911 –Caste
‘Gowari’ is not the same as ‘Gond Gowari’ – High Court erred in
declaring ‘Gowari’ as ‘Gond Gowari’, a Scheduled Tribes referred
to in item 28 in Entry 18 – Impugned judgment set aside – Writ
petitions dismissed – Scheduled Castes and Scheduled Tribes Orders
(Amendment) Act, 1956 – States Reorganisation Act, 1956 –
Scheduled Castes and Scheduled Tribes Orders (Amendment) Act,
1976 – Scheduled Castes and Scheduled Tribes Orders (Amendment)
Act, 2002.
Allowing the appeals, the Court
HELD: 1.1  Part XVI of the Constitution deals with “Special
Provisions relating to certain classes”. Article 342 of the
Constitution deals with Scheduled Tribes. Article 366(25) defines
Scheduled Tribes. In exercise of power under Article 342, the
President had issued the Constitution (Scheduled Tribes) Order,
1950 dated 06.09.1950. The Schedule contains details of
[2020] 11 S.C.R. 597
597
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SUPREME COURT REPORTS
[2020] 11 S.C.R.
Scheduled Tribes with reference to different States. Part III to
the Schedule deals with the State of Bombay and Entry No.9 of
Part III mentioned “9. Gond”. Part IV dealt with Madhya Pradesh
where also Entry No.12 mentions “Gond [including Madia (Maria)
and Mudia (Muria)]”. The Parliament passed an Act namely, The
Scheduled Castes and Scheduled Tribes Orders (Amendment)
Act, 1956 to provide for the inclusion in, and the exclusion from
the lists of Scheduled Castes and Scheduled Tribes, of certain
castes and tribes and matters connected therewith. As per Section
4 of the Act, 1956, Constitution (Scheduled Tribes) Order, 1950
was amended in the manner and to the extent as specified in
Schedule III. In Schedule III, Entry No.9 was substituted by
following Entry:- “9. Gond or Rajgond.” Part IV which deals with
Madhya Pradesh, Entry 12 was substituted. [Paras 26-30][621-
D, G; 622-B, E-H]
1.2 Amendment to the Scheduled Tribes with respect to
Madhya Pradesh was consequent to recommendations by the
report of the Backward Classes Commission also known as
Kalelkar Commission. With regard to Madhya Pradesh with
regard to list of Scheduled Tribes published in Constitution
(Scheduled Tribes) Order, 1950 together with the revision
suggested by the Backward Classes Commission is included in
volume II of the Report. Entry No.12 in the List of the Scheduled
Tribes was with respect to Gond [including Madia (Maria) and
Mudia (Muria)]. Backward Classes Commission suggested
addition of several sub-tribes of Gond with Gond.  Column No.VI
of the Table contains heading “Commission’s recommendation
for inclusion”. The States Reorganisation Act, 1956 was enacted
by Parliament to provide for the reorganisation of the States of
India and for matters connected therewith. Section 8 provided
for formation of a new Bombay State. By virtue of Section 8(1)(c)
certain districts, which then existed in the State of Madhya
Pradesh were included in the new Bombay State. The said districts
were earlier part of the State of Madhya Pradesh. Section 41 of
the States Reorganisation Act provide for modification of the
Scheduled Castes and Scheduled Tribes Orders with regard to
territorial changes and formation of new States under the
provisions of Part II. In exercise of power under Section 41 of
the States Reorganisation Act, Scheduled Castes and Scheduled
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Tribes Lists modification under Order 1950 was issued dated
29.10.1956. Part IV of the

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