Inclusion Of Castes In OBC & SC List

Table of Contents

Q1. Which of the following is not the function of the National Commission for Scheduled Castes?

(a) Providing Constitutional protection to Scheduled Castes

(b) To investigate any case that violates the interests of Scheduled Castes

(d) None of the above

Q2. The National Commission for Schedule Caste was established under……..of Indian constitution.

(a) Article 338

(b) Article 250

(d) Article 142

WHY IN THE NEWS?

The UP government’s Social Welfare Department has recently ordered to include 17 OBC groups among Scheduled Castes.
These 17 groups are
Kahaar, Kashyap, Kevat, Mallah, Nishad, Kumhar, Prajapati, Dhivar, Bind, Bhar, Rajbhar, Dhimar, Batham, Turha, Godia, Maajhi and Machhua.

What would happen if these 17 groups are included in Scheduled Castes?

According to the UP Backward Classes Welfare Department, these 17 castes make up around 15% of the state’s population.
A caste in the SC list gets more government benefits than one in the OBC list.
There is close competition among OBC groups for reservation benefits because of the large size of their population.
Thus when a caste is moved to SC list, it faces less competition among themselves due to their smaller size.

IS IT THE 1ST TIME SUCH MOVE HAS BEEN MADE BY STATE GOVT.?

In 2005, the Mulayam Singh government amended the Uttar Pradesh Public Services Act, 1994, to include 17 OBC castes in the SC list.
In the year 2013, the state Assembly of UP passed a resolution asking the Centre to include these 17 castes in the SC list.
Again in 2016, UP government decided to send the fresh proposal to the Centre, with the argument that these castes are similar to those already listed as SCs.

WHAT HAPPENED TO THE EARLIER MOVE?

To the 2005 order the Allahabad High Court quashed the amendment, terming it unconstitutional, since only Parliament has the power to make such an inclusion.
For the 2013 resolution, Centre rejected the proposal.
The 2016 order was challenged in Allahabad High Court by an organisation called Dr B R Ambedkar Granthalaya Evam Jan Kalyan.
Thus the latest judgement regarding this issue is of 24th January 2017, where the high court has directed the concerned officials at district level not to issue any caste certificate on the basis of the government orders of 2016.

WHAT’S THE ISSUE NOW?

The Opposition parties all across India has termed the UP govt. move Unconstitutional.
They argue that such moves have been made to appease certain communities and without following due process.

WHAT’S THE CONSTITUTIONAL PROVISION?

Between 1950 and 1978, six Presidential Orders were issued recognizing specific caste groups as SCs.
Article 341(1) of the Constitution prescribes the procedure for regarding castes as “Scheduled Castes”.
As per the procedure, to make any changes to the Schedule by amending the concerned Presidential Order for a state under Article 341(2), state governments first propose to modify the Schedule.
Only proposals agreed by both the Registrar General of India and the National Commission for Scheduled Castes are introduced as a Bill in Parliament.
After the bill is passed, the changes done in SC list by state govt. is held valid.

CRITERIA FOR INCLUDING CASTES INTO OBC AND SC LIST

Common Qualification for both OBC & SC
Extreme social, educational and economic backwardness
Additional criteria
SC draw such backwardness from untouchability.
Whereas lack of adequate representation in government posts & services is additional criteria in case of OBC.

IS THE MOVE IN RIGHT DIRECTION?

The 17 castes in the news are socially most backward in the state of UP, and many survive on small occupations in rural areas.
Eg. Nishads caste earn from fishing and Kumhars from making earthen pots.
But critics argue that this can’t be the sole criteria for including different castes in SC list.
The rights guaranteed under the Constitution to SCs are to correct the historical wrongs of untouchability.
The addition of other castes into the SC list will dilute the guarantee given to the SC.