Q. Consider the following statements with reference to provisions about the socially and economically backward classes (SEBC):
1. The Parliament can modify the central list of identification of SEBCs.
2. A State government has no power to include a caste in SEBCs List of the State.
3. States are empowered to announce measures for welfare of SEBCs in their territory.
How many statements given above are correct?
Exp) Option b is the correct answer.
Statement 1 is correct: Under Article 341, 342 and 342A the President initially includes various groups/ tribes/ castes into the central lists identifying SC, ST and Socially & economically Backward Classes (SEBC) respectively. Any exclusion or modification thereafter is done by the decision of the Parliament (not the President).
Statement 2 is incorrect. The Supreme court while ruling on the validity of Maratha reservation case in Jaishree Laxmanrao Pati v The Chief Minister and others, said that there is to be only 1 list identifying SEBCs – the central list, which will be modified by the Parliament. Further it said that the states can only make recommendations regarding inclusions and exclusions. But recently the Parliament passed the 127th Constitutional Amendment Bill (adding Article 342A(3)), which clarified that the Parliament will only modify the Central List and that each state has the power to create and modify its State List regarding identification of SEBCs in their territory.
Statement 3 is correct. The Supreme Court in Jaishree Laxmanrao Pati v The Chief Minister and others stated, as well as according to Articles 15 and 16 of the Constitution – once identified, each state has the right to take steps for advancement and welfare of vulnerable groups like SC, ST and SEBCs. These measures will be applicable within the territorial limits of that state. There was no confusion or debate about the right of states to take affirmative action. Only the power to identify SEBCs was under debate.
