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Articles 341 and 342 UPSC NOTE

 Articles 341 and 342

  • Articles 341 and 342 of the Indian Constitution deal with the identification of Scheduled Castes (SCs) and Scheduled Tribes (STs), respectively.

  • These articles are crucial for understanding the affirmative action policies implemented in India to address historical and ongoing social and economic disadvantages faced by these communities.

Article 341 - Scheduled Castes:

  • Empowers the President: The President of India has the authority to identify and notify castes, races, or tribes as Scheduled Castes (SCs) for a specific state or union territory. 

  • This power is exercised after consulting with the Governor of the state.

  • Parliament's Role: The Parliament can add or remove any caste, race, or tribe from the list of SCs through legislation.

  • Purpose: This article aims to identify communities that have historically faced social and economic untouchability and require special measures to uplift them.

Article 342 - Scheduled Tribes:

  • Similar to Article 341: This article grants the President the power to identify and notify tribes or tribal communities as Scheduled Tribes (STs) for a specific state or union territory, again after consulting the Governor.

  • Focus on Tribal Groups: The focus here is on communities with distinct cultural traditions, social customs, and languages, often residing in geographically isolated regions.

  • Objective: Similar to SCs, STs are identified as requiring special provisions to protect their rights and improve their living standards.

What SC said on the decision by individual States to provide preferential allotment of reservation to OBC

  • The Supreme Court on Thursday said the decision by individual States to provide preferential allotment of reservation benefits to the most backward groups or “the untouchables

among the untouchables” will not amount to tinkering with the power of Parliament to include or exclude Scheduled Castes or Scheduled Tribes from the Presidential list.

  • A State may recognise that and decide to provide the class preferential distribution of benefits.

  • There is no entry or exit from the list,” Justice B.R. Gavai, one of the seven judges on the Constitution Bench headed by Chief Justice of India D.Y. Chandrachud.

  • The Bench is examining the question whether States can sub-classify particularly backward groups within the Scheduled Caste category and

extend them first preference in quota benefits. 

  • The Bench dismissed the argument that preferential allotment to certain sub-castes within Scheduled Castes would lead to the “Balkanisation of the list”.

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Learnerz IAS | Concept oriented UPSC Classes in Malayalam: Articles 341 and 342 UPSC NOTE
Articles 341 and 342 UPSC NOTE
Learnerz IAS | Concept oriented UPSC Classes in Malayalam
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