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Published 12:26 IST, July 1st 2019

"No government can either add or remove any caste from SC category," says BSP supremo Mayawati calling Yogi Adityanath's U.P govt's move 'unconstitutional'

BSP chief Mayawati on Monday slammed the Uttar Pradesh government for its decision to put 17 castes into Scheduled Caste category and called the move "unconstitutional" and politically motivated.

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"No government can either add or remove any caste from SC category," says BSP supremo Mayawati calling Yogi Adityanath's U.P govt's move 'unconstitutional'
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BSP chief Mayawati on Monday slammed the Uttar Pradesh government for its decision to put 17 castes into Scheduled Caste category and called the move "unconstitutional" and politically motivated.

"It is reported in a section of media that 17 cases have been removed from OBC category and put in SC category. Yogi Adityanath government has deceived them. They will not get the benefit from any of the categories," Mayawati told ANI.

"No government can either put or remove any caste from SC category. Article 341 of the constitution bars a government from doing so," she added.

Yogi Adityanath-led UP Government Includes 17 OBC Castes In The Scheduled Caste Category

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."

Stating that the move is against the law and the Constitution, she said, "These castes will no longer get the quota under OBC category. They will be treated as general caste. It is clear that Yogi government has issued this order to deceive these castes."

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Mayawati alleged that the order has been issued keeping in view the upcoming by polls in the state and appealed to Chief Minister Yogi Adityanath to immediately withdraw it.
She also urged the Centre to initiate the constitutional procedure to include these groups in the SC category and demanded an increase in the quota limit for them.

"I appeal the government to take the order back and the Centre to include these castes in the category and increase SC quota proportionately as per constitutional procedure," she concluded.

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Earlier on Friday, in a major push to include castes in the Scheduled Caste (SC) category, the Yogi Adityanath-led Uttar Pradesh government had added 17 castes including Kashyap, Mallah, Kumhar, Rajbhar, Prajapati, and others in the list of Scheduled Castes, according to ANI. Authorities have been directed to issue caste certificate to families belonging to these 17 castes.

The castes that have been added into this list are - Nishad, Bind, Mallah, Kewat, Kashyap, Bhar, Dhivar, Batham, Fisherman, Prajapati, Rajbhar, Kahar, Pottar, Dhimar, Manjhi, Tuhaha and Gaur, which previously belonged to the other backward caste (OBC) category, as per reports. Previously, both the SP and BSP governments had attempted to include the above-mentioned castes into  SC category but failed to do so. 

12:17 IST, July 1st 2019