Allahabad HC quashes UP govt orders notifying 17 OBC sub-castes as SC

Source: The post is based on the article “Allahabad HC quashes UP govt orders notifying 17 OBC sub-castes as SC” published in The Hindu on 3rd September 2022.

What is the News?

The Allahabad High Court has quashed Uttar Pradesh government orders through which 17 sub-castes from Other Backward Classes (OBC) were notified as Schedule Castes(SC).

What was the case about?

A petition was filed in the High Court challenging UP Government Orders issued in 2016 whereby members of certain ‘Other Backward Castes’ were sought to be declared as Scheduled Castes. 

The petitioner had argued that only the Parliament of the country has the right to include any caste in the SC list as per the provision under Article 341 of the Constitution.

What did the court ruled?

The court quashed the orders of the Uttar Pradesh Government recognizing 17 Other Backward Classes sub-castes as Schedule Caste.

The court said only the Parliament had the power to add to the Schedule Caste list as per Article 341 of the Constitution.

Note: The Constitution (Scheduled Castes) Order, 1950 alone can specify which castes, races or tribes or groups within castes, races or tribes shall be regarded as Scheduled Castes under the Constitution in relation to a particular State or a Union Territory. 

This Constitution (Scheduled Castes) Order has to be made by the President of India.

Article 341 says that any change to the list of Scheduled Castes specified in this President’s order can only be made by Parliament by law.