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The final say in regard to inclusion or exclusion of socially and economically backward classes (SEBCs) is firstly with
- a)Parliament
- b)Supreme Court
- c)President
- d)National Commission for Backward Classes (NCBC)
Correct answer is option 'C'. Can you explain this answer?
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The final say in regard to inclusion or exclusion of socially and econ...
The Supreme Court held that “the final say in regard to inclusion or exclusion (or modification of lists) of SEBCs is firstly with the President, and thereafter, in case of modification or exclusion from the lists initially published, with the Parliament”.
In the task of identification of SEBCs, the President shall be guided by the Commission set up under Article 338B; its advice shall also be sought by the state in regard to policies that might be framed by it. If the commission prepares a report concerning matters of identification, such a report has to be shared with the state government, which is bound to deal with it, in accordance with provisions of Article 338B. However, the final determination culminates in the exercise undertaken by the President
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The final say in regard to inclusion or exclusion of socially and econ...
The final say in regard to inclusion or exclusion of socially and economically backward classes (SEBCs) is with the President of India. Let's understand why.
Constitutional provisions regarding SEBCs:
- The Constitution of India provides for the reservation of seats in educational institutions and government jobs for SEBCs.
- Article 15(4) allows the state to make special provisions for the advancement of socially and educationally backward classes.
- Article 16(4) allows the state to reserve posts in government jobs for SEBCs.
- Article 340 empowers the President to appoint a commission to investigate the conditions of socially and educationally backward classes and recommend measures for their welfare.
National Commission for Backward Classes (NCBC):
- The NCBC was established in 1993 to identify and classify SEBCs.
- The NCBC recommends inclusion or exclusion of communities in the SEBC list to the central government.
- The central government takes a decision based on the NCBC's recommendations and notifies the list of SEBCs.
- However, the central government's decision can be challenged in court.
Role of the President:
- The President has the power to approve or disapprove the central government's decision regarding inclusion or exclusion of communities in the SEBC list.
- The President can also refer the matter back to the central government for reconsideration.
- The President's decision is final and binding.
In conclusion, while the NCBC recommends inclusion or exclusion of communities in the SEBC list, the final decision rests with the President of India. The President's decision can only be challenged in court if it is found to be unconstitutional.
Constitutional provisions regarding SEBCs:
- The Constitution of India provides for the reservation of seats in educational institutions and government jobs for SEBCs.
- Article 15(4) allows the state to make special provisions for the advancement of socially and educationally backward classes.
- Article 16(4) allows the state to reserve posts in government jobs for SEBCs.
- Article 340 empowers the President to appoint a commission to investigate the conditions of socially and educationally backward classes and recommend measures for their welfare.
National Commission for Backward Classes (NCBC):
- The NCBC was established in 1993 to identify and classify SEBCs.
- The NCBC recommends inclusion or exclusion of communities in the SEBC list to the central government.
- The central government takes a decision based on the NCBC's recommendations and notifies the list of SEBCs.
- However, the central government's decision can be challenged in court.
Role of the President:
- The President has the power to approve or disapprove the central government's decision regarding inclusion or exclusion of communities in the SEBC list.
- The President can also refer the matter back to the central government for reconsideration.
- The President's decision is final and binding.
In conclusion, while the NCBC recommends inclusion or exclusion of communities in the SEBC list, the final decision rests with the President of India. The President's decision can only be challenged in court if it is found to be unconstitutional.
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