Summary
The Supreme Court held that “Kulis” in the English Scheduled Tribe entry for Odisha included members of the “Kuli” community. On the particular record, “Kulis” was the plural of “Kuli”, rather than a separate community. The Hindi version, documentary usage and the absence of a distinct “Kulis” community supported that reading. The Court reaffirmed that only Parliament could alter the notified lists: construing the singular and plural preserved the existing entry instead of adding another tribe. The State’s appeals and the intervention application were dismissed.
Issues
- Whether “Kulis” in Odisha’s Scheduled Tribe list encompassed members of the “Kuli” community.
- Whether that reading impermissibly altered the notified list or preserved its intended meaning.
Provisions considered
- Article 342, Constitution of IndiaThe Court reaffirmed Parliament’s exclusive power to include or exclude a tribe after the presidential notification. It interpreted the existing entry as using the plural form of the sole relevant community rather than adding an unlisted community. (¶¶ 3, 6, 9–10, 23–26)
Held
- Courts, tribunals and State Governments cannot modify the notified Scheduled Tribe list or admit evidence to add an unlisted tribe under the name of a listed one. Parliament alone may alter the list by law. The entry must nevertheless be read so that the intended community is not excluded by an interpretation that nullifies it. (¶¶ 6–10, 25)
- The State failed to identify a distinct community called “Kulis”. The documents used “Kuli” for the community and “Kulis” for its members collectively; the Hindi version of the 1976 amendment used “Kuli”. These features established singular and plural usage, rather than two different communities. (¶¶ 13, 16–23)
- The earlier Scheduled Caste listing in Sambalpur did not establish a separate community. The 1977 Commissioner’s report explained deletion from that listing by reference to the existing State-wide Scheduled Tribe status. The Court also rejected the State’s explanation for not challenging the earlier consistent High Court decisions. (¶¶ 12–15, 21–22)
- In these peculiar circumstances, reading “Kulis” to include the “Kuli” community preserved the intended entry. Excluding that community would leave no one able to benefit from the entry and effectively delete a listed tribe, which the Court equally lacked power to do. (¶ 23–26)
- The appeals and intervention application were dismissed; pending applications stood disposed of. (¶ 26)
Result
Appeals and intervention application dismissed. “Kulis” in the English entry includes members of Odisha’s “Kuli” community in the circumstances found.