Article 341 of the Costitution of India with Case law
🔹 Article 341 of the Constitution of India
Title: Scheduled Castes
🔸 Full Text of Article 341
Clause (1):
The President, after consultation with the Governor of a State, may specify the castes, races, or tribes which shall be deemed to be Scheduled Castes in relation to that State or Union Territory by public notification.
Clause (2):
Parliament may by law include or exclude any caste, race, or tribe from the list of Scheduled Castes specified in the notification.
🔸 Key Points
| Feature | Description |
|---|---|
| Authority | President (after consulting Governor) |
| Scope | State-wise classification — SCs can vary by state |
| Modification | Only Parliament can amend the list, not Courts or States |
| Purpose | Provide constitutional recognition and benefit access to historically disadvantaged communities |
🔸 Purpose of Article 341
Article 341 ensures the identification and recognition of Scheduled Castes, which is critical for:
Providing reservation in education, employment, and legislatures
Access to welfare schemes
Protection from discrimination under laws like:
The SC and ST (Prevention of Atrocities) Act, 1989
🔸 Important Case Laws on Article 341
🧑⚖️ State of Maharashtra v. Milind & Ors., AIR 2001 SC 393
Facts: A person belonging to a Scheduled Tribe in one state claimed ST status in another state.
Held: Caste or tribe recognition is state-specific. A person can't claim SC/ST status in a different state unless that caste is listed there under Article 341 or 342.
🧑⚖️ B. Basavalingappa v. D. Munichinnappa, AIR 1965 SC 1269
Held: Courts cannot add or alter the SC list. Only Parliament has the power to include/exclude castes from the list.
🧑⚖️ E.V. Chinnaiah v. State of Andhra Pradesh, AIR 2005 SC 162
Issue: State tried to classify SCs into sub-categories for distributing benefits.
Held: Such sub-classification among SCs is unconstitutional, as Article 341 treats SCs as a single class for the purpose of affirmative action.
🧑⚖️ Marri Chandra Shekhar Rao v. Dean, Seth G.S. Medical College, (1990) 3 SCC 130
Held: SC/ST status does not automatically carry over to another state unless that caste is listed in that state’s Presidential notification.
🔸 Constitutional Interpretation
Only Presidential notification can specify SCs under Article 341(1).
Only Parliament can alter the list by law, not Executive or Judiciary.
🔸 Related Articles
| Article | Subject |
|---|---|
| Article 340 | Commission to investigate backward classes |
| Article 341 | Identification of Scheduled Castes |
| Article 342 | Identification of Scheduled Tribes |
| Article 15(4) & 16(4) | Reservation in education and employment for SCs/STs |
| Article 338 | National Commission for Scheduled Castes |
🔸 Example
If "Dhobi" caste is notified under Article 341 in Uttar Pradesh, a person of that caste moving to Maharashtra cannot claim SC status unless Maharashtra also recognizes that caste in its SC list.
🔸 Conclusion
Article 341:
Is the foundation of legal identification of Scheduled Castes in India.
Prevents arbitrary inclusion/exclusion.
Preserves the federal character by allowing state-specific recognition.
Empowers Parliament — not courts or states — to make any change.
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