Constitution Section 342A — Socially and educationally backward classes
Part XVI — SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES
Constitutional
Summary
The President can issue a public notice to identify which groups are considered socially and educationally backward classes for a particular State or Union territory, based on a central list maintained by the Central Government. Before doing so for a State, the President must consult that State’s Governor. Parliament can pass a law to add or remove any backward class from this central list, but once the President issues a notice, it cannot be changed by another notice unless Parliament does so. Despite this, each State or Union territory can create its own separate list of backward classes for its own use, which may be different from the central list.
Official Text
(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 in the Central List which shall for the purposes of the Central Government 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.
Explanation.—For the purposes of clauses
(1) and (2), the expression “Central List” means the list of socially and educationally backward classes prepared and maintained by and for the Central Government.
(3) Notwithstanding any contained in clauses
(1) and (2), every State or Union territory may, by law, prepare and maintain, for its own purposes, a list of socially and educationally backward classes, entries in which may be different from the Central List.