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Only Parliament can amend Presidential orders: SC
March 09, 2006 20:52 IST
The Supreme Court has upheld the Mumbai high court judgment quashing the Maharashtra state government resolutions dated April 24, 1985 and June 19, 1985 directing that the members of 'Mana' community be considered as scheduled tribes and directed that they should be treated as special backward class.
A bench comprising Mr Justice H K Sema and Mr Justice A R Lakshmanan vide their judgment dated March 8 has held that no authority other than Parliament by law can amend the presidential orders.
Neither the state governments nor the courts nor the tribunals nor any other authority can assume jurisdiction to hold inquiry and take evidence to declare that a caste or a tribe or part of or a group within a caste or tribe is included in the presidential orders in one entry although they are not expressly and specifically included.
"A court cannot alter or amend the said Presidential orders for the very good reason that it has no power to do so within the meaning ,content and scope of article 341 & 342," the Supreme Court held.The court while holding that 'Mana' is not a sub tribe of 'Gond' but a separate tribe by itself and is a scheduled tribe found no infirmity in the high court order to warrant interference by this court. The Maharashtra state appeals were dismissed by the apex court.