Why Central Government Rejected UP Government’s Move To Shift 17 OBCs To SC List

The Uttar Pradesh government’s proposal to put 17 OBC communities on the Scheduled Castes list has sparked a debate. A similar directive was issued by Mulayam Singh Yadav’s Samajwadi Party (SP) government in 2005. The Allahabad High Court, on the other hand, ordered the order stayed. The BJP administration in Uttar Pradesh ordered district magistrates and commissioners to give caste certificates to 17 OBC communities: Kashyap, Rajbhar, Dhivar, Bind, Kumhar, Kahar, Kewat, Nishad, Bhar, Mallah, Prajapati, Dhiman, Batham, Turhan, Godia, Manjhi, and Machua on June 24. Next, we’ll look at the details of the UP Government’s Move To Shift 17 OBCs To SC List and who decides SC-ST list?

Details of UP Government’s Move To Shift 17 OBCs To SC List

When MP Satish Chandra Misra addressed the issue during Tuesday’s Zero Hour in the Rajya Sabha, the Union Minister criticised the Uttar Pradesh government’s move to grant caste certificates to these groups, calling it “inappropriate” and “unconstitutional.”

Here are the details of the UP Government’s Move To Shift 17 OBCs To the SC List, which was rejected by the court.

1. It is the prerogative of Parliament to shift an SC, ST, or OBC caste from one group to another.
2. The mechanism for classifying cases as “Scheduled Castes” is outlined in Article 341 of the Constitution.
3. Changes to the SC list can only be made by Parliament, according to Article 341(2) of the Constitution.

Preparation of the first SC/ST list – before independence

The activity began with the Census Commissioner of India’s 1931 “depressed classes.” The 1931 list served as the foundation for the Government of India (Scheduled Castes) Order 1936, which was enacted under the Government of India Act, 1935. During the 1931 Census, the first attempt to list “primitive tribes” was also made. The Indian Government Act of 1935 included a list of “backward tribes” for the provinces of India.

Both the SCs and the STs gained affirmative rights and political representation due to the Act.

Constitutional lists of SC/STs

Article 341 of the Constitution enables the President to designate “races, races, ethnicities, or groups or groups within races, ethnicities, or nationalities” as Organised Divisions after consultation with provincial governors.

Article 342 empowers the President to designate “nations or ethnic groups or groups or groups between nations or ethnic groups” as Organized Persons after consultation with the appropriate authorities.

Who decides the SC-ST list?

After a conference with the state legislatures or union territories (UTs), the rundown of Scheduled Castes and Scheduled Tribes regarding a state or association domain was to be given by an advised request of the President. Articles 341 and 342 of the Constitution, any ensuing inclusion or cancellation from the SC/ST records can be achieved by an Act of Parliament.

Selection criteria for SC/ST listings

“Extreme social, educational, and economic backwardness deriving from the practice of untouchability” is one of the criteria for a caste to be considered for inclusion in the Scheduled Castes list.

Inclusion procedures

The central government gave out the modalities for changing the SC and ST lists in June 1999. Only once since then, in June 2002, have the modalities been changed. The RGI and the NCSC in the case of SC’s, and the RGI and the National Commission for Scheduled Tribes (NCST) in the case of ST’s must agree to the proposals for inclusion/exclusion/modification of orders by state governments or UT’s concerned, according to the modalities.

Proposals that the NCSC or the NCST does not approve will be rejected outright by the Ministry of Social Justice and Empowerment. If the NCSC/NCST approves the state governments’ or UTs’ recommendations but not the RGI, the state governments or UTs will be requested to consider further and justify their ideas.

The proposals would be returned to the RGI if any revisions were made. If the RGI does not concur, the recommendations will be considered rejected by the central government. 

The recommendations will be processed following Articles 341(2) and 342(2) of the Constitution once accepted and authorised by relevant authorities. Following that, revisions to the state/UT orders to modify the SC/ST lists must be recommended to the Cabinet.

Conclusion

The UP government ordered District Magistrates and Commissioners to provide caste certificates to the 17 OBCs Kashyap, Rajbhar, Dhivar, Bind, Kumhar, Kahar, Kewat, Nishad, Bhar, Mallah, Prajapati, Dhiman, Batham, Turhan, Godia, Manjhi, and Machua in June 2019. The Uttar Pradesh government’s decision is based on an Allahabad High Court judgement (dated March 29, 2017), which said that ” If any caste certificates are issued according to the order challenged, that certificate shall be subject to the outcome of the writ case.”