Validity of UP Governments Order to List OBC as SC

The order of the Uttar Pradesh government to issue Scheduled Castecertificates to those belonging 17 castes from Other Backward Castes (OBC) is termed as unconstitutional.

Constitutional Procedure for listing any caste as Scheduled Caste

Article 341 of the constitution lists the following provisions:

• (1)The President after consultation with the Governor is empowered to specify the castes, races or tribes or parts of or groups within castes, races or tribes to be Scheduled Castes in relation to that State or Union territory, as the case may be.
• (2)Parliament may by law include or exclude any caste, race or tribe or part of or group within any caste, race or tribe from the list of Scheduled Castes specified in a notification issued under clause (1).

Thus the constitution has prescribed a clear process for listing the castes under the schedule castes. The first list of SCs in relation to a states/UT will be notified by the Order of the President after consulting concerned state Government. Thereafter any subsequent modifications in the list of Scheduled Castes can be effected through an Act of Parliament.

The UP government rather than sending the proposal to the central government to get it approved by parliament has issued the inclusion order by itself. Hence it is termed as unconstitutional.