UP Govt. order to shift 17 OBC castes to SC list has been declared unconstitutional by the Government of India
The Centre has termed UP Govt. June order that brought 17 OBC (Other Backward Classes) communities under Scheduled Castes (SC) List as unconstitutional and stated that the Parliament can uphold the decision.
On June 24 2019, UP Government Directorate directed District Magistrates and State Commissioners to issue Scheduled Castes (SC) certificates to 17 OBCs —Kashyap, Rajbhar, Dhivar, Bind, Kumhar, Kahar, Kewat, Nishad, Bhar, Mallah, Prajapati, Dhimar, Batham, Turha, Godia, Manjhi and Machua.
While the issue was discussed during zero hour in the Rajya Sabha on Tuesday, Social Justice and Empowerment Minister Thawar Chand Gehlot said he will urge the State government to change the order.
The matter was first raised in the parliament by BSP leader Satish Chandra Mishra.
Mr.Gehlot appealed to the UP Government “The order that the UP government has issued is not in accordance with the Constitution. I will request you not to issue caste certificates based on the order, else the matter will go to courts; it will be struck down and nobody will get the benefit”.
He further stated ‘‘The UP Government has not followed any procedures in preparing such a list. I have asked them to send a proposal to the Centre for consideration’’.
The decision to shift one category to another caste category falls under Parliament’s jurisdiction.
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