Part XVI: Special Provisions for Certain Classes

Article 341: Scheduled Castes

Original Article:

(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 castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of this Constitution be deemed to be Scheduled Castes in relation to that State or Union territory, as the case may be.

(2) Parliament may by law include in or exclude from the list of Scheduled Castes specified in a notification issued under clause (1) any caste, race or tribe or part of or group within any caste, race or tribe, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.

Explanations:

Article 341 defines the Scheduled Castes (SCs) and provides the procedure for identifying and notifying these castes. It empowers the President to declare Scheduled Castes in a state or Union territory and authorizes Parliament to amend the list as needed.

Clause-by-Clause Explanation:

Clause (1): Role of the President

The President, in consultation with the Governor of a State, may notify specific castes, races, or tribes as Scheduled Castes for that State or Union territory.

Real-Life Example: In 1950, the President issued the first notification identifying Scheduled Castes across various states, marking a significant step in implementing social justice measures.

Clause (2): Role of Parliament

Parliament is empowered to amend the list of Scheduled Castes through legislation, ensuring the inclusion or exclusion of castes based on socio-economic evaluations.

Real-Life Example: The Constitution (Scheduled Castes) Order (Amendment) Act, 1976, revised the list of Scheduled Castes, addressing regional disparities in the recognition of marginalized groups.

Amendments:

Several amendments have been made to the Scheduled Castes lists under Article 341 through parliamentary legislation, ensuring an updated and inclusive representation of marginalized communities.

Historical Significance:

Article 341 highlights the Indian Constitution’s commitment to addressing historical social inequities. It provides a framework for identifying and supporting disadvantaged communities through affirmative action policies.

The initial notification in 1950 laid the foundation for targeted welfare programs aimed at uplifting Scheduled Castes, contributing to their socio-economic empowerment.

Real-Life Examples:

Scheduled Castes Development Programs: States like Tamil Nadu and Maharashtra have implemented specific welfare schemes based on the SC list notified under Article 341, improving access to education and employment opportunities.

Periodic Updates: Amendments to the Scheduled Castes list, such as the 2021 inclusion of certain communities in Assam, ensure the relevance and accuracy of affirmative action measures.