Articles 341 and 342
Also called: Notification of SCs and STs · Topic: Safeguards for Vulnerable Sections: SCs, STs, OBCs, Minorities, Women and Children · NCERT: Beyond NCERT
Meaning
Article 341 lets the President name the castes, races or tribes that count as Scheduled Castes (SCs) in a state or Union Territory (UT). For a state, the President must first consult the Governor. The list is issued by public notification, which means a formal order published by the government. Article 342 does the same job for Scheduled Tribes (STs). Once the list is out, only Parliament can add a group to it or remove one, and it must do so by passing a law. Articles 366(24) and 366(25) then define SCs and STs as the groups named under these two articles. This matters because SC and ST reservation and other safeguards go only to groups on these lists.
Example
The Constitution (Scheduled Castes) Order 1950 at first gave SC status only to Hindus. Sikhs were added in 1956 and Buddhists in 1990. In State of Maharashtra v. Milind (2000), the Supreme Court held that neither courts nor states can change these lists. Only Parliament can.
Don't confuse with
- Article 342A: this covers socially and educationally backward classes (OBCs), not SCs or STs. It was added by the 102nd Amendment (2018), and the 105th Amendment (2021) brought back states' power to keep their own lists.
- Religion bar: only the SC Order limits status by religion. The ST Order has no religion bar.