Constitution (One Hundred and Fifth Amendment) Act, 2021 receives President’s assent empowering States to identify SEBCs

Constitution (One Hundred and Fifth Amendment) Act, 2021 receives President’s assent on August 20, 2021. It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Key Highlights:

  • Inserts a proviso in Article 338B of the Constitution:

“Provided that nothing in this clause shall apply for the purposes of clause (3) of article 342A.”.

  • In article 342A of the Constitution,—

(a) in clause (1), for the words “the socially and educationally backward classes which shall for the purposes of this Constitution”, the words “the socially and educationally backward classes in the Central List which shall for the purposes of the Central Government” shall be substituted;

  • Inserted the following Explanation and proviso in Article 342A

‘Explanation.— For the purposes of clauses (1) and (2), the expression “Central List” means the list of socially and educationally backward classes prepared and maintained by and for the Central Government.

(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.’.

One comment

  • Amendment in the SC or ST list is the prorogative power of the Parliament. The Supreme Court may not interfere in it. If under any meaning of “interpretation” the supreme court takes the power with it, it shall have the meaning that the Articles 341(2) and 342(2) are amended by the supreme court. This shall have the meaning of amending the Article 368 by the Supreme Court. Hence, in future there may not be any need of parliament.

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