LUCKNOW: In the first reaction to UP CM Yogi’s move to include 17 MBCs in SC category, Bahujan Samaj Party (BSP) chief Mayawati on Monday slammed the UP government for its decision calling it "unconstitutional" and politically motivated.
In a decision taken on Friday, UP government had released an order asking all district administrations to issue SC certificates to 17 Most Backward Castes (MBCs) in consonance of Allahabad High Court order of 2017.
The GO, issued by Secretary, social welfare, Manoj Singh, had made it clear to the respective DMs that the SC certificates would be issued to deserving members only after verification based on relevant documents. It said that the decision was taken in compliance with the High Court’s order.
In fact, the Allahabad High Court had said in its March 29, 2017 order that the SC certificates could be issued to the members belonging to those 17 Most Backward Castes but it would be under the purview of the final order of the court.
The demand for SC status to the 17 most backward castes — Kashyap, Rajbhar, Dhivar, Bind, Kumar, Kahar, Kewat, Nishad, Bihar, Mallah, Prajapati, Dhivar, Batham, Turha, Godia, Manjul and Madhua — has been pending for a long time in the state.
Interacting with media persons, the BSP chief said that to issue SC certificate to 17 MBCs, the state government removed them from Other Backward Class (OBC) category. “Yogi Adityanath government has deceived them. They will not get the benefit from any of the categories now no government can either put or remove any caste from SC category without parliament’s seal on amendment Act concerned," Mayawati said.
He added that Article 341 of the Constitution barred a government from doing so.
The BSP supremo said that only the President and Parliament have powers to make any changes in the list.
Mayawati said, "Part one of Article 341 clearly states that the President can specify any group to SC category through a public notification on Governor's advice. Part 2 of the Article says that if notification is released under part one of the Article, it can only be changed by Parliament. Part 2 states that Parliament can specify, include or exclude any group from SC category."
The rules state that the notification cannot be undone by any other notification, she said.
Mayawati accused Yogi government of trying to reap the benefit of the order in upcoming bypolls to 12 seats. She appealed the CM to immediately withdraw the GO.
However, at the same time, the BSP chief urged the Centre to proceed in that direction and give 17 MBCs their due place in SC category but not without increasing the quota limit in proportion to the notified SC claimants for the reservation benefit.