Setback for Uttar Pradesh government as Centre declares SC certificates to 17 MBCs 'unconstitutional'

Speaking in Rajya Sabha, Minister of Social Justice and Empowerment Thawar Chand Gehlot Gehlot said that he would request the UP government to take back its decision.

LUCKNOW: In a major setback for Uttar Pradesh Chief Minister Yogi Adityanath, Minister of Social Justice and Empowerment Thawar Chand Gehlot on Tuesday said that the UP government's decision to issue Scheduled Caste certificates to 17 Most Backward Caste (MBC)s is ‘unconstitutional’. Speaking in Rajya Sabha, Gehlot said that he would request the UP government to take back its decision which has already been declared invalid by court.

Gehlot made the statement after the issue was raised by Bahujan Samaj Party (BSP) Rajya Sabha MP Satish Chandra Mishra in Rajya Sabha. Mishra said that UP government has taken the decision after bypassing the Constitution. Mishra asserted that under Section 341 of the Constitution, any modification or change in the list of Scheduled Castes can be done only after presidential notification.

It may be recalled that BSP chief Mayawati had also slammed the UP government over this matter and said that the state government is fooling the people as the people of these castes will not get benefits of any of the categories. 

Few days ago, UP CM Yogi Adityanath had approved the decision to implement a 2017 order of the Allahabad High Court to issue SC certificates to the 17 MBCs in the state. District Magistrates were ordered by the government to issue SC certificates to MBCs till the matter is pending before the High Court.

The 17 castes included in the list are Kashyap, Rajbhar, Dhivar, Bind, Kumar, Kahar, Kewat, Nishad, Bhar, Mallah, Prajapati, Dhivar, Batham, Turha, Godia, Manjul and Madhua.

It is to be noted that former UP CM Mulayam Singh Yadav had first tried to implement the order in 2006 and Mayawati had also tried to implement the order when she was chief minister of Uttar Pradesh from 2007-2012.