Article 341 Of The Indian Constitution

Article 341 Of The Indian Constitution

Article 341 of the Indian Constitution is a significant provision that aims to protect and uplift disadvantaged groups within the country.

Article 341 Of The Indian Constitution empowers the President of India to specify certain castes, races, or tribes as “Scheduled Castes” for the purposes of the Constitution, through a public notification issued after consultation with the Governor of the relevant State or a Union Territory.

In this blog, we will delve into the motive and significance of Article 341, and understand how it has played a key role in better serving the needs of marginalized communities in India. We will also examine the role played by Parliament in determining the list of Scheduled Castes, and explore the impact of this provision on the lives of those it seeks to empower.

Background Of Article 341 Of The Indian Constitution

Do you know when Article 341 of the Indian Constitution was added to the Constitution? Let’s read precisely about its background to know more.

  • Draft Article 300A (now known as Article 341 in the Constitution of India 1950) was not included in the original Draft Constitution in 1948.
  • It was added by the Chairman of the Drafting Committee on September 17, 1949.
  • This article gives the President of India the authority to designate certain castes, races, or tribes as “Scheduled Castes” in the Constitution, after consulting with the Governor of the relevant state and issuing a public notification.
  • Parliament also has the authority to include or exclude any caste, race, or tribe from the President’s notification.
  • The intention behind this article was to avoid having a long list of Scheduled Castes and Scheduled Tribes in the Constitution.
  • One member proposed an amendment to the article, stating that the President’s initial notification of Scheduled Castes should remain unchanged for 10 years to protect the rights of these communities from being taken away by the executive or legislature.
  • Draft Article 300A was added to the Constitution without any amendments on the same day it was introduced.
  • In 1956, Article 341 of the Indian Constitution was amended to include Union Territories under its jurisdiction.

Article 341 Of The Indian Constitution – Scheduled Castes

For a piece of in-depth knowledge about Article 341 of the Indian Constitution, it’s important to understand what it says in the following clauses.

Clause 1 – As it is & Explained

(1) The President 1 [may with respect to any State [or Union territory], and where it is a State, after consultation with the Governor thereof], by public notification , specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of this Constitution be deemed to be Scheduled Castes in relation to that State [or Union territory, as the case may be.]

Article 341 of the Constitution of India gives the President the power to identify certain castes, races, or tribes as “Scheduled Castes” for the purposes of the Constitution. This power is exercised through a public notification issued by the President.

The President may specify the Scheduled Castes for any state or union territory in the country, after consulting with the Governor of the relevant state. The notification issued by the President will apply to the specified state or union territory, and the castes, races, or tribes identified in the notification will be deemed to be Scheduled Castes in relation to that specific state or union territory.

The notification issued by the President can include entire castes, races, or tribes, or specific parts or groups within these castes, races, or tribes. The identification of Scheduled Castes through this process is intended to recognize and protect disadvantaged groups within the country.

Clause 2 – As it is & Explained

(2) Parliament may by law include in or exclude from the list of Scheduled Castes specified in a notification issued under clause (1) any caste, race or tribe or part of or group within any caste, race or tribe, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.

Article 341 of the Constitution of India gives Parliament the power to include or exclude any caste, race, or tribe from the list of Scheduled Castes specified in a notification issued by the President under clause (1) of the same article. This means that Parliament has the authority to add or remove any caste, race, or tribe from the list of Scheduled Castes identified by the President through a public notification.

Parliament may use this power to add or remove entire castes, races, or tribes, or specific parts or groups within these castes, races, or tribes, from the list of Scheduled Castes. However, once a notification has been issued by the President under clause (1), it cannot be changed or modified by any subsequent notification. This provision allows Parliament to adapt the list of Scheduled Castes to changing circumstances, while also ensuring that the rights and protections afforded to these communities are not altered arbitrarily.

A state-wise list of Scheduled Castes notified in the Indian Constitution in its First Order in 1950

Official name as SCDatesStates
where
have
SC status
Adi Andhra1950 designatedAndhra Pradesh (1950)
Adi Dravida1950 designatedAndhra Pradesh (1950)
Anamuk1950 designatedAndhra Pradesh (1950)
Aray Mala1950 designatedAndhra Pradesh (1950)      
Arundhatiya1950 designatedAndhra Pradesh (1950)
Madigas1950 designatedAndhra Pradesh (1950)
Bariki1950 designatedAndhra Pradesh (1950)
Bavuri1950 designatedAndhra Pradesh (1950)
Ad Dharmi1950 designatedHimachal Pradesh (1950)
Ad Dharmi1950 designatedPunjab (1950)
Ad Dharmi1950 designatedHaryana (1950)
Bansphor1950 designatedAssam (1950)
Bhuinmali, Mali1950 designatedAssam (1950)
Brittial Bania, Bania1950 designatedAssam (1950)
Bhupi, Dhobi1950 designatedAssam (1950)
Dugla, Dholi1950 designatedAssam (1950)
Hira1950 designatedAssam (1950)
Jalkeot1950 designatedAssam (1950)
Jhalo Malo, Jhalo-Malo1950 designatedAssam (1950)
Kaibartta, Jaliya1950 designatedAssam (1950)
Lalbegi1950 designatedAssam (1950)
Balmiki1950 designatedPunjab (1950)
Bangali1950 designatedPunjab (1950)
Barar, Burar, Berar1950 designatedPunjab (1950)
Batwal1950 designatedPunjab (1950)
Bauria, Bawaria1950 designatedPunjab (1950)
Bazigar1950 designatedPunjab (1950)
Haryana (1950)
Himachal Pradesh (1950)
Rajasthan (1950, grouped with Madari)
Bhanjra1950 designatedPunjab (1950)
Chamar, Jatia Chamar1950 designatedPunjab (1950)
Chanal1950 designatedPunjab (1950)
Dagi1950 designatedPunjab (1950)
Darain1950 designatedPunjab (1950)
Deha, Dhaya, Dhea1950 designatedPunjab (1950)
Dhanak1950 designatedPunjab (1950)
Dhogri, Dhangri, Siggi1950 designatedPunjab (1950)
Dumna, Mahasha, Doom1950 designatedPunjab (1950)
Gagra1950 designatedPunjab (1950)
Gandhila, Gandil, Gondola1950 designatedPunjab (1950)
Kabirpanthi, Julaha1950 designatedPunjab (1950)
Khatik1950 designatedPunjab (1950)
Kori, Koli1950 designatedPunjab (1950)
Marija, Marecha1950 designatedPunjab (1950)
Mazhabi1950 designatedPunjab (1950)
Meghwal1950 designatedPunjab (1950)
Nat1950 designatedPunjab (1950)
Odh1950 designatedPunjab (1950)
Haryana (1950)
Himachal Pradesh (1950)
Perna1950 designatedPunjab (1950)
Pherera1950 designatedPunjab (1950)
Sanhai1950 designatedPunjab (1950)
Sanhal1950 designatedPunjab (1950)
Sansi, Bhedkut, Manesh1950 designatedPunjab (1950)
Sansoi1950 designatedPunjab (1950)
Sapela1950 designatedPunjab (1950)
Sarera1950 designatedPunjab (1950)
Sikligar1950 designatedPunjab (1950)
Sirkiband1950 designatedPunjab (1950)
Mahar1950 designatedMaharashtra (1950)
Mang1950 designatedMaharashtra (1950)
Ager1950 designatedMaharashtra (1950)
Anamuk1950 designatedMaharashtra (1950)
Aray Mala1950 designatedMaharashtra (1950)
Arwa Mala1950 designatedMaharashtra (1950)
Bahna, Bahana1950 designatedMaharashtra (1950)
Bakad, Bant1950 designatedMaharashtra (1950)
Balahi, Balai1950 designatedMaharashtra (1950)
Basor, Burud, Bansor, Bansodi, Basod1950 designatedMaharashtra (1950)
Beda Jangam, Budga Jangam1950 designatedMaharashtra (1950)
Bedar1950 designatedMaharashtra (1950)
Bhambi, Asadaru, Asodi, Chamadia, Chamar, Chamari, Ahirwar, Chambhar, Chamgar, Haralayya, Harali, Khalpa, Machigar, Mochigar, Madar, Madig, Mochi, Telugu Mochi, Kamati, Mochi, Ranigar, Ruidas, Nona, Ramnami Samaj, Rohit, Samgar, Samagara, Satnami, Surjyabanshi, Surjyaramnami, Charmakar, Pardeshi Chamar1950 designatedMaharashtra (1950)
Bhangi, Mehtar, Olgana, Rukhi, Malkana, Halalkhor, Lalbegi, Balmiki, Korar, Zadmalli, Hela1950 designatedMaharashtra (1950)
Bindla1950 designatedMaharashtra (1950)
Byagara1950 designatedMaharashtra (1950)
Chalvadi, Channayya1950 designatedMaharashtra (1950)
Chenna Dasar, Holaya Dasar, Holeya Dasari1950 designatedMaharashtra (1950)
Dakkal, Dokkalwar1950 designatedMaharashtra (1950)
Dhor, Kakkayya, Kankayya, Dohor1950 designatedMaharashtra (1950)
Dom, Dumar1950 designatedMaharashtra (1950)
Ellamalvar, Yellammalawandlu1950 designatedMaharashtra (1950)
Ganda, Gandi1950 designatedMaharashtra (1950)
Garoda, Garo1950 designatedMaharashtra (1950)
Ghasi, Ghasia1950 designatedMaharashtra (1950)
Halleer1950 designatedMaharashtra (1950)
Halsar, Haslar, Hulasvar, Halasvar1950 designatedMaharashtra (1950)
Holar, Valhar1950 designatedMaharashtra (1950)
Holaya, Holer, Holeya, Holiya1950 designatedMaharashtra (1950)
Kaikadi (in Akola, Amravati, Bhandara, Buldana, Nagpur, Wardha and Yavatmal districts and Chandrapur district, other than Rajura tahsil)1950 designatedMaharashtra (1950)
Katia, Patharia1950 designatedMaharashtra (1950)
Khangar, Kanera, Mirdha1950 designatedMaharashtra (1950)
Khatik, Chikwa, Chikvi1950 designatedMaharashtra (1950)
Kolupulvandlu1950 designatedMaharashtra (1950)
Kori1950 designatedMaharashtra (1950)
Lingader1950 designatedMaharashtra (1950)

Conclusion

In conclusion, Article 341 of the Constitution of India plays a crucial role in recognizing and protecting disadvantaged groups within the country.

The President of India has the ability to designate certain castes, races, or tribes as Scheduled Castes in relation to a particular state or Union territory through public notification. This designation can be made after consulting with the Governor of the state, if applicable. Additionally, Parliament has the authority to include or exclude any caste, race, or tribe from the list of Scheduled Castes specified in a notification issued by the President.

Overall, Article 341 serves as an important mechanism for promoting social justice and equality in India.

You might also like to read – Article 200 Of The Indian Constitution

FAQs Related To Article 341 Of The Indian Constitution

Who has the authority to specify certain castes, races, or tribes as Scheduled Castes in relation to a particular state or Union territory?

According to Article 341 of the Indian Constitution, the President of India has this authority and may do so through a public notification. If the state in question has a Governor, the President must consult with the Governor before making the designation.

Can Parliament make changes to the list of Scheduled Castes specified in a notification issued by the President?

Yes, Parliament has the power to include or exclude any caste, race, or tribe from the list of Scheduled Castes specified in a notification issued by the President.

Can a notification issued by the President be changed by a subsequent notification?

No, once a notification has been issued by the President, it cannot be altered by any subsequent notification.

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