Q. With reference to the provisions in the Indian Constitution, consider the following statements:
1. The President of India specifies the castes or tribes to be treated as Scheduled Castes and Scheduled Tribes in each state and Union Territory of India.
2. The 105th Constitutional Amendment Act empowers the President of India to identify the Socially and Educationally Backward classes in states.
3. The Constitution of India has clearly defines the terms Schedule Caste and Schedule Tribes.
How many of the above-given statements are correct?
Exp) Option a is the correct answer.
Article 330 to 342 in Part XVI of the Indian Constitution deals with special provisions associated with SC, ST, Anglo Indians and OBCs.
Statement 1 is correct. The President of India holds power to specify as to what castes or tribes in each state and Union Territory are to be treated as Scheduled Castes and Scheduled Tribes. The President issues the notification after consulting the governor of the state concerned. But, any inclusion or exclusion of any caste or tribe from Presidential notification can be done only by the Parliament and not by a subsequent Presidential notification.
Statement 2 is incorrect: The 105th Constitutional Amendment act empowers of State Governments (not the President of Indito identify and specify Socially and Economically Backward Classes (SEBCs). As per the Act, every State or Union territory may prepare and maintain a list of socially and educationally backward classes, for its own purposes. The entries in these state lists may be different from the Central List. The President of India is empowered to identify and specify the Socially and Economically Backward Classes for the Central List only as per the 102nd Constitutional Amendment Act.
Statement 3 is incorrect. The Constitution of India does not define the Scheduled Castes, Scheduled Tribes and Other Backward Castes.
