The UP government order to include 17 OBC in the SC list is not adequate: Center
NEW DELHI: On Tuesday, the Center said that the BJP government led the movement towards It includes 17 communities belonging to CBOs. in the list of Scheduled Castes (SC) he did not agree with the Constitution, since only Parliament has the right to do so.
This is not correct, said Minister of Social Justice and empowerment in Rajya Sabha after BSP member Satish Chandra Misra raised the issue during Zero Hour.
On June 24, the government of Uttar Pradesh ordered the district magistrates and commissioners to issue caste certificates to 17 OBC: Kashyap, Rajbhar, Dhivar, Bind, Kumhar, Kahar, Kewat, Nishad, Bhar, Mallah, Prajapati, Bash , Turha, Turha, Godia, Manjhi and Machua.
Gehlot said that if he wants to continue with his proposal, he should follow the procedure and send a proposal to the Center.
Then we would consider it, he said.
Gehlot also said that the order of the UP government was not in accordance with the Constitution.
He asked the UP government not to issue certificates based on the order, otherwise, the matter could go to court.
The minister, who is also the leader of Rajya Sabha, said that the change from one category to another caste category is a right of Parliament.
In the past, three or four similar proposals were also sent to Parliament, but they were not agreed, he said.
Gehlot also said that the state government should have followed the proper procedure.
President M Venkaiah Naidu asked Gehlot to advise the state government to follow due process.
When raising the issue through a mention of Zero Hour, Misra said that under Article 341 subclause (2) of the Constitution, the power to make changes in the SC list resides solely in Parliament.
Even the president (of India) does not have the power to modify, alter or make changes (in the list), he said, adding that these 17 castes will not obtain benefits for OBC or SC because the state government has no power to make any alteration. to the list of SC.
He said that the BSP was in favor of including 17 castes in SC, but only after following the prescribed procedure and increasing the SC quota proportionally.
The power of Parliament can not be usurped by a state, he said.
The BSP leader wanted the Center to issue a warning to the government of Uttar Pradesh to withdraw the unconstitutional order, as it is harming the castes.
The BJP government in UP is not the first to advance in the 17 most backward castes on the OBC list. In 2005, the government of SP Mulayam Singh Yadav He passed the first order to include 11 of these castes, but the order was suspended and the proposal was sent to the Center.
Subsequently, the BSP government of Mayawati canceled the notification.
The BSP then said that these castes could be included in the SC list as long as the SC quota is increased. The SP government of Akhilesh Yadav approved the inclusion proposal before the 2017 assembly elections, but it was challenged and is in court.
Misra said that Article 341 states that the President specifies castes, races, tribes or parties or groups to be Scheduled Castes after the Parliament can by law include or exclude from the Scheduled Castes list.
The movement of the Adityanath government is carried out before the partial elections to 12 seats of assemblies in the state.