ARTICLE 341 OF THE CONSTITUTION (Syllabus: GS Paper 2 – Polity)

News-CRUX-10     18th July 2024        

Context: Recently, the Supreme Court of India ruled that the states cannot make changes to the Scheduled Caste List published under Article 341 of the Constitution.


Article 341 of the Constitution

  • About: Article 341 addresses the recognition and identification of Scheduled Castes (SCs), historically marginalized communities subject to social discrimination.
  • Presidential Power to Specify SCs: Article 341(1) mandates the President, after consultation with the State Governor, to specify SCs through public notification.
  • Parliamentary Oversight: Article 341(2) stipulates that any amendments to the SC list must be enacted through parliamentary law, reinforcing the separation of powers.
  • Legislative Control Over SC List: Any changes to the SC list, including additions, deletions, or modifications, require parliamentary legislation and cannot be altered through executive orders.
  • Amendment Power: The power to amend or alter the SC list specified under Article 341 rests exclusively with the Parliament, not with the central government or the President.
  • State Authority and Limitations: The State government had no competence/authority/power to tinker with the lists of Scheduled Castes published under Article 341 of the Constitution.
  • Judicial Interpretation: The State Backward Commission may recommend the inclusion of a caste or group into the SC category, but such recommendations do not grant states the authority to implement changes independently.