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1978 DIGILAW 886 (MP)

Khacnchusingh Padihar v. Union of India

1978-11-24

G.P.SINGH, K.K.DUBE

body1978
Short Note : 1. By this petition under Article 226 of the Constitution, the petitioner challenges the validity of the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976, by which Khangar, Kanera and Mirdha castes have been included as Scheduled Castes at item No. 33 in the First Schedule (Part IX Madhya Pradesh) to the Act. The petitioner claims to be the President of Khangar Chhatriya Rajput Jati Tatha Sudharak Samiti. The petitioner's contention is that Khangars are Kshatriyas and, therefore, they could not be included in the list of Scheduled Castes. Held: The learned counsel for the petitioner has failed to point out any provision in the Constitution which bars the inclusion of Kshatriyas or Brahmins as Scheduled Castes for a particular area. It is within the legislative competence of Parliament to include any caste in the list of Scheduled Castes. This power is conferred on Parliament under Article 341 (7) of the Constitution which provides that Parliament may by law include in or exclude from the list of Scheduled Castes specified in a notification issued under clause (1) of Article 341 any caste, race or tribe or part of or group within any caste, race or tribe. Unless the legislative competence of parliament is curtailed by some provision of the Constitution, it has to be held that the impugned Act is valid. The object of Article 341 is to provide protection to the members of the Scheduled Castes having regard to the economic and educational backwardness from which they suffer. There is no reason why if Parliament fields that a sub-caste of Kshatriyas is economically and educationally backward in a particular State or area, it cannot include the same in the list of Scheduled Castes Simply because a caste gets included as a Scheduled Caste, it cannot be said that there is any stigma on the caste, or the caste so included becomes a lower caste. 2. The learned counsel for the petitioner also contended that Parliament did not consult the Governor of the State and, therefore, the impugned Act is invalid. Even assuming that the Governor was not consulted, that requirement is prescribed only for issue of a notification under Article 341 (1) and not for enacting any law by Parliament under Article 341 (2). It is also contended that on reasons were given by Parliament for inclusion of Khangars in the list of Scheduled Castes. Even assuming that the Governor was not consulted, that requirement is prescribed only for issue of a notification under Article 341 (1) and not for enacting any law by Parliament under Article 341 (2). It is also contended that on reasons were given by Parliament for inclusion of Khangars in the list of Scheduled Castes. Parliament is not obliged to give any reasons. Parliament consists of the elected representatives of the entire country Parliament must be presumed to have knowledge of the educational and social backwardness of Khangars in Madhya Pradesh. The Act enacted by Parliament under Article 341 (2) cannot be challenged on the ground that Parliament gave no reasons or made no enquiry. Petition dismissed summarily.