VINAY PRAKASH AND ORS. versus STATE OF BIHAR & ORS.
The Lohar community is not entitled to the status of Scheduled Tribe as only 'Lohara' is included in the English version of the Presidential Notification and the Hindi version's inclusion of 'Lohar' was a wrong translation. Parliament alone can amend the list; courts cannot confer such status based on erroneous entries.
- Parties
- Petitioner: Vina Y Prakash; Respondent: State of Bihar; Petitioner: Navin Prakash
- Jurisdiction
- India
- Judgment Date
- 17 February 1997
- Procedural Posture
- Special Leave Petition (civil) / Final Disposition
- Outcome
- Petition dismissed
- Legal Topics
- Scheduled Tribe Status, Presidential Notification, Translation Errors in Notification
Case Brief
Summary, issues, holding and outcome
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Parties
Vina Y Prakash
Petitioner
State of Bihar
Respondent
Navin Prakash
Petitioner
Procedural Posture
Special Leave Petition (civil) / Final Disposition
Legal Issues
- 1 Whether the Lohar community of Bihar is entitled to the status of Scheduled Tribes under Presidential Notification as per Articles 342(1) and 366(25) of the Constitution
- 2 Effect of translation errors between English and Hindi versions of Presidential Notification on Scheduled Tribe status
Ratio Decidendi
The Lohar community is not entitled to the status of Scheduled Tribe as only 'Lohara' is included in the English version of the Presidential Notification and the Hindi version's inclusion of 'Lohar' was a wrong translation. Parliament alone can amend the list; courts cannot confer such status based on erroneous entries.
Court Disposition
Petition dismissed
Orders
- Special Leave Petition is dismissed.
- No interference with High Court's decision.
Full Case Text
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