Article 342A of the Indian Constitution: Specification of Socially and Educationally Backward Classes (SEBCs) | Kanoon.site
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Article 342A of the Indian Constitution: Specification of Socially and Educationally Backward Classes (SEBCs)

Part: XVI
Shorthand Notes: President specifies Central SEBCs (Parliament modifies); States maintain own SEBC lists (105th Amend).

Article 342A of the Indian Constitution deals with the process for identifying and notifying Socially and Educationally Backward Classes (SEBCs). This article was introduced by the Constitution (One Hundred and Second Amendment) Act, 2018, and subsequently modified by the Constitution (One Hundred and Fifth Amendment) Act, 2021, significantly impacting the federal framework of reservation policies in India.

The article outlines the respective powers of the President, Parliament, and State/Union Territory governments in determining which communities are to be considered as SEBCs, thereby affecting their eligibility for affirmative action measures such as reservations in government jobs and educational institutions. Its provisions distinguish between the Central List of SEBCs and lists maintained by individual States and Union Territories for their own purposes.

Original Text

342A. Socially and educationally backward classes.

(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 relation to that State or Union territory.

(2) Parliament may by law include in or exclude from the 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 in clauses (1) and (2), each State or Union territory may, by law, identify and specify the socially and educationally backward classes in relation to the State or Union territory for the purposes of any law made by the State or Union territory.

Detailed Explanation

Article 342A, as originally introduced by the 102nd Amendment Act, 2018, centralized the power to identify and specify SEBCs. Clause (1) vested this power solely with the President, in consultation with the Governor for a State. The notification issued by the President was intended to create the Central List of SEBCs for a State or Union Territory. Clause (2) then gave Parliament the exclusive power to modify this Central List by adding or removing any class through legislation. This structure was interpreted by the Supreme Court in the case of Jaishri Laxmanrao Patil vs. Union of India (2021) to mean that states lost the power to identify and notify their own lists of SEBCs for state-specific reservations, requiring them to follow the President’s notification (Central List) or seek Parliament’s approval for any changes.

This interpretation caused significant concern among states regarding their autonomy in managing reservation policies tailored to local conditions. To address this, the Constitution (One Hundred and Fifth Amendment) Act, 2021, was enacted. This amendment inserted clause (3) into Article 342A.

The new clause (3) explicitly restores and clarifies the power of each State and Union Territory to identify and specify its own list of SEBCs independently of the Central List maintained under clauses (1) and (2). This state/UT list is to be used for the purposes of any law made by the respective State or Union Territory government. Effectively, Article 342A now establishes a dual system: the Central List for central government purposes (jobs, education) identified by the President and modifiable only by Parliament (clauses 1 & 2), and separate State/UT Lists for state/UT government purposes identified by the states/UTs themselves (clause 3).

The 102nd Amendment also simultaneously granted constitutional status to the National Commission for Backward Classes (NCBC) under Article 338B, tasking it with monitoring safeguards for SEBCs and inquiring into specific complaints regarding deprivation of rights and safeguards. Under Article 338B, the Union government and State governments are required to consult the NCBC on all major policy matters affecting SEBCs.

Detailed Notes

  • Article 342A was inserted into the Constitution by the Constitution (One Hundred and Second Amendment) Act, 2018.
  • It deals with the power to identify and specify Socially and Educationally Backward Classes (SEBCs).
  • Clause (1): Empowers the President to specify SEBCs for a State or Union Territory via public notification.
  • For a State, the President must consult the Governor before issuing the notification.
  • This notification essentially constitutes the initial Central List of SEBCs for that State/UT.
  • Clause (2): Grants Parliament the exclusive power to include or exclude any SEBC from the list specified under clause (1) by law.
  • Any law passed by Parliament under clause (2) amends the original Presidential notification.
  • Clause (3): Inserted by the Constitution (One Hundred and Fifth Amendment) Act, 2021.
  • Clause (3) empowers each State or Union Territory government to identify and specify SEBCs for the purposes of any law made by that State or Union Territory.
  • This restores the states’ power to maintain their own lists of SEBCs for state-specific reservations and welfare schemes.
  • The 105th Amendment clarified that the Central List under Article 342A(1) and (2) is distinct from the State/UT Lists under Article 342A(3).
  • The 102nd Amendment also constitutionalized the National Commission for Backward Classes (NCBC) under Article 338B.
  • Article 338B requires the Union and States to consult NCBC on major policy matters concerning SEBCs.
  • The 105th Amendment was enacted to nullify the effect of the Supreme Court’s judgment in the Maratha reservation case (Jaishri Laxmanrao Patil vs. Union of India, 2021) which had restricted states’ power to identify SEBCs.
  • The dual mechanism created by Article 342A (Central List by President/Parliament, State Lists by States/UTs) respects the federal structure of the Constitution concerning reservation policies.

Additional Comments

  • Article 342A must be read in conjunction with Article 366(26C), which defines “socially and educationally backward classes” as such classes as are so deemed under Article 342A.
  • The 102nd Amendment aimed to streamline the identification of SEBCs and grant constitutional backing to the NCBC, similar to the National Commissions for SCs (Article 338) and STs (Article 338A).
  • The need for the 105th Amendment arose because the Supreme Court’s interpretation in the Maratha reservation case significantly curtailed the states’ power to identify local SEBCs, impacting existing state-level reservation policies.
  • The amendment reinforces the principle of federalism by allowing states to determine their own SEBC lists based on local socio-economic conditions, while the centre maintains its list.
  • The NCBC’s role is advisory, but consultation is mandatory for major policy decisions impacting SEBCs at both the central and state levels.

Summary

Article 342A, introduced by the 102nd Amendment and amended by the 105th Amendment, governs the identification of Socially and Educationally Backward Classes (SEBCs). It establishes that the President, after consulting the Governor (for a State), specifies the Central List of SEBCs, which can only be modified by Parliament through law. Crucially, clause (3), added by the 105th Amendment, empowers each State and Union Territory to identify and specify its own list of SEBCs for the purposes of state/UT laws, restoring their autonomy in managing state-specific reservation policies distinct from the Central List. The article operates alongside the constitutionalized National Commission for Backward Classes (NCBC) under Article 338B.
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