Part XVI: Special Provisions for Certain Classes

Article 342A: Socially and Educationally Backward Classes

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 socially and educationally backward classes in the Central List which shall for the purposes of the Central Government be deemed to be socially and educationally backward classes in relation to that State or Union territory, as the case may be.

(2) Parliament may by law include in or exclude from the Central List of socially and educationally backward classes specified in a notification issued under clause (1) any socially and educationally backward class, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.

(3) Notwithstanding anything contained in clauses (1) and (2), every State or Union territory may, by law, prepare and maintain, for its own purposes, a list of socially and educationally backward classes, entries in which may be different from the Central List.

Explanations:

Article 342A provides a framework for identifying and classifying socially and educationally backward classes (SEBCs) at the Central and State levels, ensuring tailored affirmative action measures to address socio-economic disparities.

Clause-by-Clause Explanation:

Clause (1): Role of the President

The President, in consultation with the Governor of a State, specifies SEBCs in the Central List. This list is maintained for Central Government purposes and ensures nationwide consistency in identifying eligible groups.

Real-Life Example: The inclusion of communities like Jats in the Central List demonstrates the process of consultation and evaluation under this clause.

Clause (2): Role of Parliament

Parliament has the authority to amend the Central List of SEBCs, ensuring the list reflects changing socio-economic realities and new evaluations.

Real-Life Example: Parliament's amendments in 2021 to include additional communities in SEBC lists highlight its role in updating classifications.

Clause (3): State Autonomy

States and Union territories are empowered to prepare their own SEBC lists, which may differ from the Central List. This allows tailored policies to address local socio-economic conditions.

Real-Life Example: Tamil Nadu maintains a separate backward class list with unique reservations, distinct from the Central List.

Amendments:

1. 102nd Amendment (2018): Established Article 342A, creating the Central List of SEBCs and defining the roles of the President and Parliament in classification.

2. 105th Amendment (2021): Restored state autonomy to maintain separate SEBC lists, ensuring local needs are addressed effectively.

Historical Significance:

The introduction of Article 342A through the 102nd Amendment marked a shift towards centralizing SEBC identification, while the 105th Amendment rebalanced the approach by emphasizing state autonomy. This dual structure reflects India's federal commitment to addressing historical inequalities.

Real-Life Examples:

Central List Revisions: The periodic addition of communities like the EWS category demonstrates the evolving nature of SEBC classification under Article 342A.

State-Level Policies: States like Karnataka and Andhra Pradesh have introduced additional quotas for locally identified SEBCs, utilizing the autonomy granted under Clause (3).