Min: Parliament approval must to shift 17 OBC castes to SC list
The Centre on Tuesday termed as unconstitutional the Uttar Pradesh Government’s move to include 17 communities belonging to Other Backward Classes (OBC) in the Scheduled Caste (SC) list and said the State Government should follow proper procedure and send the related proposal to the Centre. The Centre also said it is Parliament’s prerogative to shift one category of caste to another.
Making this assertion in the Rajya Sabha after BSP member Satish Chandra Mishra raised the issue, Social Justice and Empowerment Minister Thawar Chand Gehlot, who is leader of the House also, said the UP Government’s directive is “not proper.” He also reiterated the move was not in accordance with the Constitution as only Parliament has the right to do so.
The Yogi Adityanath Government had on June 24 directed district magistrates and commissioners to issue caste certificates to 17 OBCs — Kashyap, Rajbhar, Dhivar, Bind, Kumhar, Kahar, Kewat, Nishad, Bhar, Mallah, Prajapati, Dhimar, Batham, Turha, Godia, Manjhi and Machua.
As several Opposition parties associated themselves with Mishra’s concern over the UP Government move, Gehlot said if the State Government wants to go ahead with its proposal it should follow procedure and send a proposal to the Centre. “We would then consider it,” he said.
He also said the order was not in accordance with the Constitution and asked the UP Government not to issue certificates based else the matter may go to court. The Minister clarified shifting of one category to another caste category is the right of Parliament. In the past also three-four similar proposals were sent to Parliament, but not agreed upon, he noted and said the State Government should have followed proper procedure. Chairman M Venkaiah Naidu asked Gehlot to advise the State Government to follow due process.
Raising the issue through a Zero Hour mention, Mishra said under Article 341 sub clause (2) of the Constitution, the power to make changes in the SC list lies only with Parliament. “Even President (of India) does not have the power to tinker, alter or make changes (in the list),” he said, adding these 17 castes will neither get benefits meant for OBCs nor SCs since a State Government has no power to make any alteration to the SC list.
He said the BSP was in favour of including 17 castes in SC but only after following prescribed procedure and increasing SC quota proportionately. “The power of Parliament cannot be usurped by a State,” he said. The BSP leader wanted the Centre to issue an advisory to the UP Government to withdraw the “unconstitutional order” as it is harming castes.
The BJP Government in UP is not the first to move on the 17 most backward castes in the OBC list.
In 2005, the SP government of Mulayam Singh Yadav passed the first order to include 11 of these castes, but the order was stayed and the proposal sent to the Centre. Subsequently, the BSP Government of Mayawati quashed the notification.
The BSP later said these castes could be included in the SC list provided the SC quota is increased. The SP Government of Akhilesh Yadav cleared the inclusion proposal ahead of the 2017 Assembly elections but it was challenged and is in court. Mishra said Article 341 provides that the President specify castes,
races or tribes or parts of or groups to be Scheduled Castes after Parliament may by law include or exclude from the list of Scheduled Castes. The move by the Adityanath Government comes ahead of by- elections to 12 Assembly seats in the state.