'Illegal and arbitrary': SC quashes Bihar notification declaring 'Lohar' STs

Context: The Supreme Court quashed a notifications issued by Bihar Government that approved issuance of Scheduled Tribe Caste certificate to Lohar community.
Key highlights of the court ruling

The court ruled that Bihar’s Lohar or Lohaar community is not the same as “Lohara or Lohra”, which are ST communities in several districts.

• Lohara is a member of Scheduled Tribe.
• Lohars are members of the OBCs in the State of Bihar.
• They are ranked with ‘Koiris’ and ‘Kurmis’, whereas ‘Lohra’ or ‘Loharas’ are merely sub-castes, a sect of Mundas in Chhotanagpur or sub-tribes of Asurs who’re Scheduled Tribes.”

A person entitled to be treated as a member of Scheduled Tribe under Article 342, cannot be treated on par with a person who is brought in by the state.
Lohars in Bihar, constituting nearly 2 per cent of the state’s population, benefitted in government jobs.

• Lohara will continue to get the benefit vouchsafed for them under the Presidential Order.

How are Scheduled Caste and Scheduled Tribes identified in India?

• Articles 341 and 366 of the Constitution define as to who would be Scheduled Castes and Scheduled Tribes with respect to any State or Union Territory.
• Article 341(1) states that the President of India, after consultation with the Governor, may specify, “the castes, races, tribes or parts of groups within castes or races, which shall be deemed to be Scheduled Castes”.
• The President has notified the Scheduled Castes in the order called ‘Constitution (Scheduled Castes) Order-1950’ and the ‘Scheduled Castes and Scheduled Tribes List (Modification) Order-1956.
• Article 366 (25): Scheduled Tribes means such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under Article 342 to be Scheduled Tribes for the purposes of this Constitution;

What does the Presidential Order of 1950 state?

• It provides a complete list of castes and tribes which had certain norms and criteria for inclusion of other community later.
• Any person who is not a Hindu, Buddhist or a Sikh, will not be entitled to reservation on the basis of being a Scheduled Caste.
• However, there is no religious bar for being treated as Scheduled Tribe or Other Backward Class.