PIONEER EDGE NEWS SERVICE/ Dehradun
RTI activist and advocate Vikesh Singh Negi has demanded a high-level inquiry into the Scheduled Tribe (ST) certificates issued in the State after November 28, 2000. In a letter to the chief secretary, Negi alleged that ST certificates have been issued to ineligible persons for years, ignoring the Constitution, Presidential orders and instructions of the Supreme Court, thereby affecting the rights of genuine tribal communities.
“Under Article 342 of the Indian Constitution, the list of Scheduled Tribes is notified only by the President and Parliament alone has the authority to amend, alter or add new tribes to it. No State government, official, commission, or other authority is authorized to alter this list,’’ he said. Negi pointed out that the Supreme Court, in State of Maharashtra versus Milind (2000) case, clearly stated that the ST list must be read as described in the Presidential order. No caste, sub-caste or local identity can be considered included in the list unless it is explicitly mentioned in the notification.
Negi claimed that ST certificates have been issued based on incorrect interpretations for years in Vikasnagar, Kalsi, Tyuni, Chakrata and surrounding areas of Dehradun district. He said that if such certificates have been issued contrary to the rules and on the basis of them government jobs, promotions, scholarships, compensation, land allotments, reservations, or other government benefits have been obtained, then an impartial and high-level investigation into all these cases is necessary. He said that this issue is not limited to certificates alone, but also involves the Constitution, judicial orders, and the rights of genuine tribal communities.
He further explained that the seven-judge Constitution Bench of the Supreme Court, in State of Punjab versus Davinder Singh (2024) case, clarified that State governments may sub-classify Scheduled Castes or Scheduled Tribes for the purpose of social justice, but they do not have the power to add new castes, change names, or amend the list notified by the President. This power is reserved solely for Parliament.
