By Lalasahab Jadhav, B.A. (Hons), LL.B.
Retired Under Secretary, Maharashtra Legislature Secretariat
Former Senior Officer, BARTI
Working President, Kaikadi Samaj Sangh, Maharashtra State
The state of Maharashtra is presently witnessing growing complexity in reservation demands from multiple communities. While some groups seek inclusion under the Other Backward Classes (OBC) category, others demand recognition as Scheduled Castes (SC) or Scheduled Tribes (ST). The Kaikadi community is no exception to this evolving situation, as different Kaikadi organisations have been demanding inclusion either in the Scheduled Caste or Scheduled Tribe categories.
Amid this growing unrest, it is important to evaluate, with a constitutional and procedural lens, which route is both practical and legally sustainable for the Kaikadi community. Based on my experience and study, I believe that seeking inclusion in the Scheduled Caste category (by removing regional restrictions) is the most feasible and constitutionally sound approach.
Constitutional Framework and Procedural Realities
Under the Indian Constitution, each backward category—OBCs, Scheduled Castes, and Scheduled Tribes—is governed by separate constitutional provisions:
Article 340 for Other Backward Classes,
Article 341 for Scheduled Castes, and
Article 342 for Scheduled Tribes.
Any inclusion or exclusion in these lists can occur only through a formal process involving both State and Central Governments. Typically, a proposal originates from a state’s designated commission or research institution, such as:
Maharashtra State Backward Class Commission for OBCs,
Dr. Babasaheb Ambedkar Research and Training Institute (BARTI) for Scheduled Castes, and
Tribal Research and Training Institute (TRTI), Pune for Scheduled Tribes.
After thorough socio-economic and educational analysis, a proposal must be approved by the State Cabinet, forwarded to the Central Government, reviewed by the Registrar General of India (RGI), and then by the National Commissions for SC/ST. Finally, it must pass through both Houses of Parliament and receive the President of India’s assent to amend the 1950 Presidential Order. This long, multi-tiered process underscores that inclusion in the ST category is not merely a state-level decision.
Why Inclusion in the Scheduled Tribe Category Is Constitutionally Difficult
Although some Kaikadi organisations have supported inclusion in the ST list, significant constitutional and technical challenges exist:
1. The Kaikadi community, though historically nomadic or labeled as “criminal tribes,” does not meet the sociocultural and geographical criteria required for Scheduled Tribe classification.
2. There is strong opposition from existing tribal communities, their elected representatives, and ministers against inclusion of non-tribal groups in the ST category.
3. Past precedents—such as the Gowari community’s tragic 1994 protest in Nagpur and the Dhangar community’s decades-long struggle—demonstrate how difficult ST inclusion truly is.
4. The 1950 Presidential Order, which defines India’s SC and ST lists, can only be amended by Parliament, not by executive orders, state decisions, or gazette notifications such as the Hyderabad Gazette.
Hence, the argument based on the Hyderabad Gazette for Kaikadi inclusion under ST is legally untenable.
The More Feasible Path: Removal of Regional Restrictions under Scheduled Castes
The Kaikadi community in Vidarbha region is already recognized under the Scheduled Caste category. However, in the rest of Maharashtra, the same community is listed under the Vimukta Jati (A) category.
This internal inconsistency violates the principle of natural justice, as one community cannot be treated differently within the same state.
Encouragingly, there is no opposition from existing Scheduled Caste organisations or leaders to the proposal of lifting this regional restriction. In fact, the Maharashtra Legislative Assembly and Legislative Council have unanimously passed resolutions recommending to the Central Government that this anomaly be corrected.
The State Cabinet has approved this proposal three times, and both BARTI and the Department of Social Justice continue to support it.
Historical precedent also supports this approach
In 1976, the Khatik community, which faced an identical situation—recognized as SC in Vidarbha but OBC elsewhere—was granted uniform SC status across Maharashtra. The Kaikadi community now seeks a similar, just resolution.
Conclusion
Given the constitutional complexities, political realities, and historical evidence, it is evident that inclusion of the Kaikadi community in the Scheduled Caste list (by removing regional restrictions) is the most rational, legally valid, and achievable path.
This approach upholds constitutional integrity, social justice, and equality—while aligning with both precedent and practicality. The Kaikadi Samaj Sangh, Maharashtra State, continues to work positively and constructively with the State and Central Governments to ensure this long-pending issue finds a fair and lawful resolution.
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About the Author:
Lalasahab Jadhav (B.A. Hons., LL.B.) is a retired Under Secretary from the Maharashtra Legislature Secretariat, a former senior officer at BARTI, and currently serves as the Working President of the Kaikadi Samaj Sangh, Maharashtra State.
