Identification of Socially and Educationally Backward Classes under Article 342A

Article 342A divides authority for identifying socially and educationally backward classes between the Union and the States. It provides for a Central List for Central Government purposes while allowing each State or Union territory to maintain its own list for its purposes.

Constitutional evolution

The 102nd Constitutional Amendment Act, 2018 inserted Articles 338B and 342A and clause 26C in Article 366. After judicial interpretation raised doubts about State authority, the 105th Constitutional Amendment Act, 2021 expressly affirmed the power of States and Union territories to maintain their own lists.

Central identification

• Under Article 342A(1), the President may, through public notification and after consulting the Governor concerned in the case of a State, specify classes in the Central List.
• For the purposes of the Central Government, only classes in this Central List are deemed socially and educationally backward classes.
• Under Article 342A(2), Parliament may by law include a class in, or exclude a class from, the Central List.

State and Union territory identification

Under Article 342A(3), every State or Union territory may by law prepare and maintain its own list for its own purposes. A State list may contain entries different from those in the Central List, preserving distinct identification for State-level policies.

• Article 366(26C) defines socially and educationally backward classes by reference to those deemed backward under Article 342A for Central, State or Union territory purposes, as applicable.
• Identification under Article 342A is distinct from the enabling provisions for special measures and reservation under Articles 15(4), 15(5) and 16(4).

Role of the National Commission for Backward Classes

Under Article 338B, the National Commission for Backward Classes investigates safeguards, inquires into complaints and advises on the socio-economic development of socially and educationally backward classes. Its general consultation requirement on major policy matters does not apply to State or Union territory list-making under Article 342A(3).