The Constitution of India
Article 341
Scheduled Castes
(1) The President 2 [may with respect to any State 3 [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 2[or Union territory, as the case may be.
(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.
Why this exists
After independence, the Constitution-makers wanted a clear, uniform, and tamper-proof way to identify which communities suffered historical caste-based discrimination and needed protections like reservations. Leaving this to ad-hoc state decisions or judicial rulings risked inconsistency and political misuse. So the framers centralized the identification process: the President (acting on the Union government's advice, after consulting Governors for states) issues one authoritative list per state/UT, and any change to that list requires a full Act of Parliament—a deliberately slow, transparent, and democratically accountable process, not casual administrative action.
How courts read it
In State of Maharashtra v. Milind (2001), the Supreme Court held that courts cannot add castes to or interpret the Scheduled Castes list beyond what is expressly notified—only Parliament can modify it, reinforcing the strict, exclusive procedure in clause (2). Earlier, in cases like Bhaiyalal v. Harikishan Singh, the Court clarified that the list is state-specific and must be read exactly as notified, without inferring inclusion of similar-sounding caste names. These rulings collectively emphasize that Article 341 creates a closed, formal system resistant to judicial or executive improvisation.
Common misconceptions
- Myth: Courts can add a caste to the Scheduled Castes list if it seems obviously similar to one already listed.
Fact: The Supreme Court has ruled that courts cannot alter the list; only Parliament can include or exclude castes under Article 341(2). - Myth: If a caste is Scheduled Caste in one state, it automatically gets that status in every state.
Fact: The list is specific to each state or union territory; the same caste name may or may not be included elsewhere. - Myth: State governments can change the Scheduled Castes list for their state on their own.
Fact: Only the President can issue the initial notification (after consulting the Governor), and only Parliament can amend it afterward.