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[Cites 0, Cited by 118] [Constitution]

Constitution Article

Article 342A in Constitution of India

342A. Socially and educationally backward classes.

(1)The President may with respect to any State or Union territory, and where it is a State, after consultation with the Governor thereof, by public notification, specify the socially and educationally backward classes which shall for the purposes of this Constitution be deemed to be socially and educationally backward classes in relation to that State or Union territory, as the case may be.
(2)Parliament may by law include in or exclude from the Central List of socially and educationally backward classes specified in a notification issued under clause (1) any socially and educationally backward class, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.".[Editorial comment-The Constitution (One Hundred and Second Amendment) Act, 2018, grants powers to the President to declare a caste as an SEBC, and the President may make an amendment to the list with a law passed by the Parliament. But states cannot declare a new caste. All they can do is recommend it. This means that the state government cannot declare a new caste as a BC (Backward Class).The 102 amendment of the Indian constitution (i.e. 102 caa) seeks to give the National Commission for Backward Classes a constitutional status, making it a quasi-independent body that examines welfare measures and complaints for socially and educationally backward classes. The commission was to be equal to the National Commission for Scheduled Castes and the National Commission for Scheduled Tribes.

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