Exclusive power of Parliament

Article 341(2) provides that after the President has issued the notification under Article 341(1), any inclusion in or exclusion from that list can be made only by Parliament through law. This means the President cannot later alter the list independently, and no State government or executive authority can modify it by notification or order.

Purpose of this clause

This clause ensures certainty, uniformity, and constitutional control over the Scheduled Castes list. Since Scheduled Caste status carries serious legal, social, and political consequences, the Constitution does not permit casual or administrative changes. Parliament alone is entrusted with the power to revise the list.

Scope of parliamentary power

Under Article 341(2), Parliament may:

• Add a caste or group to the list
• Remove a caste or group from the list
• Modify an existing entry
• Make changes for a particular State or Union Territory

Such changes are generally carried out through Scheduled Castes Orders Amendment Acts.

Limits on States and courts

State governments may recommend inclusion or exclusion, but they cannot make the change themselves. Similarly, courts may interpret the wording of an entry, but they cannot create a new entry or add a caste that is not expressly listed. Thus, Article 341(2) makes Parliament the sole authority for any alteration of the Scheduled Castes list.

Constitutional significance

Article 341(2) protects the integrity of the list by preventing arbitrary expansion or contraction. It centralizes the power of amendment and ensures that changes take place only through a formal legislative process. This preserves stability in reservation policy and prevents misuse for political or administrative reasons.

Judicial position

The courts have consistently held that the Scheduled Castes list can be altered only by Parliament.

Important case laws:

• State of Maharashtra v Milind
The Supreme Court held that the list under Articles 341 and 342 cannot be amended or enlarged by courts.

• E V Chinnaiah v State of Andhra Pradesh
The Court emphasized that the Scheduled Castes list is constitutionally fixed and cannot be tampered with by State legislatures.

• State of Punjab v Davinder Singh
The Court clarified that while States cannot alter the Presidential List, the issue of sub-classification for distribution of benefits is a separate constitutional question.