VIKAS GARG (LAWYER) 06 April 2010

parliament or president

one question given in a book as folloows:

The constitutional authority vested with the power of declaraing caste or tribes as scheduled castes or scheduled tibes is the

(a) parliament

(b) home minister

(d) chairman of sc/st commission

answer given in book is ( a ) Parliament

but i think (c) president can also right answer.

the question is related with article 341 & 342

plz remove my dubt

Thanks

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8 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor) 06 April 2010

A bill regarding the issue to be passed by the parliament and the same come into force after getting President's signature

paritosh mishra (lawyer) 07 April 2010

president appoints a commission on sc & st and on its recommendation He declares a cast as sc or st

Arup (UNEMPLOYED) 20 April 2010

AS PER CONSTITUTION - THE POWER VESTED TO THE STATE GOVERNMENT - WHICH CASTE TO BE DECLEARED AS SC/ST/OBC, BY VIRTUE OF THE CONCERNED SCHEDULE OF THE CONSTITUTION.

THE PRESIDENT WORK AS HEAD OF THE STATE, AND DO NOT INTERFERE TO THE DAY TO DAY WORK OF THE STATE OR CENTRAL GOVT.

ALL THE FOUR OPTIONS/ANSWERS ARE WRONG. HAVE YOU GOT IT FROM THE BOOK OF POL.SCIENCE OR CONSTITUTION? SURPRISE TO SEE.

paritosh mishra (lawyer) 23 April 2010

as per provisions of article 341 of indian constitution the president declares any cast as sc or st after consultation with state concerned.

Arup (UNEMPLOYED) 28 April 2010

mr p mishra, you left a line ie - " with consultation with the state government" which means if state govt, sent the request, president may sign on it.

Arup (UNEMPLOYED) 28 April 2010

the actual power is with the state govt.

(Guest)

State Government has to execute the facts and the President declares for its consideration overall in India so that the depatriates will have consideration in another state too.