Supreme Court Expresses Doubt About Proposition That It Can Decide Caste Claims As A Fact Finding Court

A two-judge bench of the Supreme Court on Tuesday (October 3) expressed doubts about the proposition that it can decide caste claims as a fact-finding Court. The Court was pondering on the further course of action in a batch of appeals raising the question of caste claims (Mah. Adiwasi Thakur Jamat Swarakshan Samiti v. The State of Maharashtra and ors). In this matter, the full Bench of the Apex Court recently held that ‘affinity test’ is not an essential part of determining the correctness of a Caste/Tribe claim.When the matter was placed before the Court, the Counsel, appearing for the State of Maharashtra, submitted that the civil appeals pending in the present matter should be taken individually based on the factual matrix. However, the Bench categorically refused to take up the matters individually, observing it “prima facie find it doubtful whether this Court would be the fact-finding Court as is sought to be suggested by the respondents.” Further, the Court was of the opinion that a limited question of law that needs to be adjudicated was:“whether the appeals be remitted to the High Court or the appeals be remitted to the Screening Committee itself.”Court-Room Exchange At the outset, Counsel, appearing for the State of Maharashtra, submitted that the observations of the Court in the judgment answering reference will have to be applied in individual cases. He argued that it was evident by the Court on the first day itself that it would decide the principle, and thus, the other 49 matters tagged with it cannot be disposed of. At this, Justice Kaul enquired: “Who will examine it? This Court will have to examine?. …All these appeals, will they have to be examined by the High Court in view of the Judgment of the Supreme Court?”Justice Dhulia: “So, the affinity test has been upheld?”Counsel replied in affirmative.Justice Dhulia: “Then this will have to be seen by the screening committee itself…now the only thing that has to be seen is whether you belong to that caste or not. This is purely factual. The screening committee will examine it.”Justice Kaul, supporting the above observation, made it clear that the question in be adjudicated in this case is limited and thus, the Court will hear the parties on October 31st based on just that. Factual BackgroundIt is worth mentioning that the present case had arisen from a batch of appeals against the order passed by the Bombay High Court, wherein it had held that the affinity test is an integral part of determining the correctness of the caste claim.In March 2022, a two-judge bench referred the matter to a three judge bench to settle the question regarding essentiality of the affinity test. In March this year, a 3-judge bench led by Justice Kaul answered the reference to hold that affinity test was not an integral feature.Mah.Adiwasi Thakur Jamat Swarakshan Samiti V. The State Of Maharashtra & Ors., Civil Appeal No(S). 2502/2022

Supreme Court Expresses Doubt About Proposition That It Can Decide Caste Claims As A Fact Finding Court

Gyanvi Khanna

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