Home The Constitution Part XVI Article 342A

Art. 342A Part XVI: Special Provisions Relating to Certain Classes

Socially and Educationally Backward Classes

Exact text — Constitution of India

(1) The President may with respect to any State or Union territory, and where it is a State, after consultation with the Governor thereof, by public notification, specify the socially and educationally backward classes which shall for the purposes of this Constitution be deemed to be socially and educationally backward classes in relation to that State or Union territory, as the case may be.

(2) Parliament may, by law, include in or exclude from the Central List of socially and educationally backward classes specified in a notification issued under clause (1) any socially and educationally backward class, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.

(3) [Clarified by the 105th Amendment, 2021, that States and Union territories retain their own separate power to maintain their own state-specific list of socially and educationally backward classes, distinct from the Central List.]

In Plain English

What this Article actually means

Added by the 102nd Amendment (2018), this Article extended the same formal, Presidential-notification-plus-Parliamentary-amendment mechanism used for SC/ST lists (Articles 341/342) to OBC (Other Backward Classes) status — but this initially created significant confusion about whether STATES still had power to maintain their own separate backward-class lists. The 105th Amendment (2021) resolved this by explicitly confirming states retain that independent power for their own state lists, alongside the separate Central List this Article creates.

Why This Matters To You

How it shows up in everyday life

This is why India today has both a Central OBC List (relevant for central government jobs and central educational institutions) and separate State OBC Lists (relevant for state government jobs and state institutions) — a dual-list system this Article, as clarified by the 105th Amendment, formally confirms.

Landmark Cases

How courts have interpreted this Article

Indra Sawhney v. Union of IndiaAIR 1993 SC 477 — While decided before this Article existed, established the underlying legal framework (50% cap, creamy layer exclusion) that continues to govern how backward class reservation operates under this Article's formal listing mechanism. Verify this case

Read alongside this one

Art. 340 — Appointment of a Commission to Investigate Backward Classes' Conditions Art. 338b — National Commission for Backward Classes

Frequently Asked

Quick answers about Article 342A

Did the 102nd Amendment take away states' power to have their own OBC lists?

That was the widespread initial concern and legal debate — the Supreme Court's interpretation and the subsequent 105th Amendment (2021) resolved it by expressly confirming states retain their own independent list-making power alongside the new Central List.

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The text above reproduces Article 342A of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.