SC questions Assam’s move to give ST status to Sarania Kacharis

THe sublime margaret court has said it is prima facie of the consider that the Assam regime erred in jurisprudence by issuing scheduled tribe certificates to members of the Sarania Kachari community, observing that such a move appeared contrary to settled legal principles.“Prima facie, we find that the State could not have directed to issuance of the certificate to the persons belonging to the ‘Sarania Kachari’ Tribe under the head of ‘Kachari Tribe’…” said a bench of Chief Justice of India Bhushan R Gavai and Justice K Vinod Chandran, in an order last week.The court order further held: “We further are of the view that, prima facie, this would be contrary to the judgment of this Court in Action Committee on Issue on Caste Certificate to Scheduled Castes and Scheduled Tribes in the State of Maharashtra and Anr Vs Union of India and Anr (1994).”The 1994 judgment ruled that the authority to declare a community as ST is vested exclusively with the President of India under Article 342(1) of the Constitution. The President, in consultation with the governor of the respective state, issues an official order, and any change -- addition or deletion -- requires a parliamentary legislation.The bench issued notices to the Centre, the Assam government, and the All Assam Tribal Sangha, seeking their responses within six weeks.The court was hearing a petition filed by Kalbari Educated Unemployed Youth Society, which has challenged a May 2025 Gauhati High Court order refusing to interfere with the issuance of ST certificates to the Sarania Kacharis. The petitioner, represented by advocate CK Sucharita, contended that the community has not been notified as a Scheduled Tribe under the Constitution, and therefore, such certificates were legally untenable.The high court, in its judgment, dismissed a public interest litigation (PIL) seeking directions to stop the issuance of ST(P) certificates to members of the Sarania community. The PIL also sought to quash government letters dated March 16 and June 27, 2024, which authorised the All Assam Tribal Sangha and its district units to recommend applications for ST certificates after verifying community identity.While declining relief, the high court held that no blanket order could be issued restraining authorities from granting ST certificates to any particular community. It said that if the petitioners were aggrieved by an individual certificate, they could challenge it before the appropriate verification authority.The high court also noted that the state’s 2022 office memorandum laid down detailed procedures for issuing caste and tribe certificates. Under these guidelines, an applicant must apply online, attach a parent’s caste certificate or an identification certificate issued by an authorised caste or tribe organisation, and undergo verification by the Deputy Commissioner before a certificate is issued.Relying on its earlier ruling in 2023, the high court reiterated that the recommendation of the All Assam Tribal Sangha could be considered before granting ST certificates but would not be binding or final. The final decision, it said, rested with the Deputy Commissioner after due scrutiny.“In view of the fact that the matter regarding issuance of caste certificates for Scheduled Tribes in Assam has already been adjudicated earlier… we do not find any merit in the present challenge,” the high court had held, adding that authorities must, however, strictly adhere to the 2022 procedural guidelines.