IDENTIFYING SEBC

Subject : Polity

Context: Only Central government can identify, include a community within Socially and Educationally Backward class list: Supreme Court

Concept :

The Supreme Court ruled that after the insertion of Article 342 A in the Constitution, it is the Central government alone which is empowered to identify Socially and Economically Backward Class (SEBC) and include them in a list to be published under Article 342 A (1), specifying SEBCs in relation to each State and Union Territory.
The States can, through their existing mechanisms, or even statutory commissions, only make suggestions to the President or the Commission under Article 338B, for inclusion, exclusion or modification of castes or communities, in the list to be published under Article 342A (1), the Court ruled.

Identifying SEBC

The power to identify and specify SEBCs lies with Parliament only with reference to the Central List.
The State governments may have separate State Lists of SEBCs for providing reservation for recruitment to State services or admissions in State government educational institutions.
Under the newly-inserted Article 342A of the 102nd Amendment Act of 2018, the President notifies the SEBCs in a State after consultation with the Governor.
The castes or communities included in such State Lists may differ from those included in the Central List.