(a) whether the Union Government is aware that some State Governments have added certain Other Backward Classes Groups in Scheduled Castes list for reservation;
(b) if so, the details thereof;
(c) whether such inclusion affects the existing reservation for other communities in any way; and
(d) if so, the details thereof?
MINISTER OF STATE FOR SOCIAL JUSTICE AND EMPOWERMENT
(SHRI RATTAN LAL KATARIA)
(a) & (b): Scheduled Castes (SCs) are notified under provisions of Article 341 of the Constitution of India. The first list of SCs in relation to a State or Union Territory is by a notified order of the President. Any subsequent inclusion in, exclusion from and other modifications in the said list can only be made by an Act of Parliament as stipulated in clause (2) of Article 341. The Supreme Court of India has held through a catena of judgments that it is not open to State Governments or courts or tribunals or any other authority to modify, amend or alter the list of SCs specified in the notification issued under Clause (1) of Article 341.
(c) & (d): Does not arise.
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