Introduction:

The case of Telangana State Are-Katika (Khatik) Sangh v. Union of India & Ors., W.P.(C) No. 141/2025 was heard before the Supreme Court of India, where a public interest litigation (PIL) sought the inclusion of the Are-Katika (Khatik) community in the Scheduled Castes (SC) category nationwide. A bench comprising Justices BR Gavai and AG Masih dismissed the petition, reiterating that only Parliament has the authority to alter the SC list under Article 341 of the Constitution. The petitioner, representing the Are-Katika (Khatik) community, argued that members of their community faced social discrimination due to their profession and were inconsistently classified under SC or Other Backward Classes (OBC) categories across different states. The Court, however, refused to entertain the PIL, highlighting that judicial intervention in such matters is impermissible and solely within the legislative domain.

Arguments of the Petitioner:

The petitioner contended that the Are-Katika (Khatik) community, traditionally engaged in the profession of slaughtering sheep and goats and selling mutton, faced systemic discrimination and social exclusion. The inconsistent classification of the community across states created difficulties for members who migrated, as they lost SC status and associated benefits when moving to states that did not recognize them under the category. The petition cited previous attempts to seek inclusion, such as the 2006 consideration by the Office of the Registrar General of India, which was rejected due to a lack of ethnographic data. Subsequent representations made to the Ministry of Social Justice and Empowerment in 2021 and multiple reminders yielded no favourable response. The petitioner argued that the lack of uniform SC status created severe disadvantages for community members, particularly in education, employment, and social welfare schemes, thereby necessitating judicial intervention.

Arguments of the Respondents:

The Union of India, represented by its legal counsel, argued that the judiciary had no authority to alter the SC list, which could only be done through a constitutional amendment by Parliament. The respondents cited numerous Supreme Court precedents affirming that courts cannot direct the inclusion or exclusion of any caste in the SC list, as this power is exclusively vested in the legislature under Article 341 of the Constitution. The government also pointed out that similar petitions had been dismissed earlier, emphasizing that judicial review could not extend to making substantive policy changes regarding caste classifications. The respondents further highlighted that while state governments could make recommendations, only Parliament could legislate such changes, and previous assessments of the Are-Katika (Khatik) community had not supported their inclusion due to insufficient ethnographic data.

Court’s Judgment:

The Supreme Court unequivocally held that it lacked jurisdiction to alter or direct amendments to the SC list. Justice BR Gavai, addressing the petitioner’s counsel, remarked that such petitions had been conclusively addressed in multiple judgments and that courts could not introduce even a minor alteration, such as adding a comma, to the Scheduled Caste list. The bench refused to entertain the PIL and dismissed it as withdrawn, further stating that approaching the High Court would also be futile, as even High Courts do not possess the authority to grant such relief. Justice Gavai referenced the Manipur case, where a High Court order directing the inclusion of the Meitei community in the Scheduled Tribes list had led to significant unrest, ultimately resulting in the order’s reversal upon review. The Supreme Court reiterated that any changes to the SC list require legislative action by Parliament, and the judiciary cannot intervene in this process. Consequently, the petition was dismissed, affirming the settled legal position that caste classifications for affirmative action policies remain the exclusive prerogative of the legislature.