 bill no 209 of  2016 the constitution (amendment) bill, 2016 byshri dayakar pasunoori, mp a billfurther to amend the constitution of indiabe  it enacted by parliament in the sixty-seventh year of the republic of india as follows:—1  (1) this act may be called the constitution (amendment) act, 2016short title and commencement(2) it shall come into force on such date as the central government may, by notification in the official gazette, appointamendment of article 3412  in article 341 of the constitution, after clause (2), the following clauses shall be added, namely:—5"(3) notwithstanding anything in this constitution, parliament may by law provide for sub-categorization or de-sub-categorization of the castes, races or tribes or part of or group within any castes, races or tribes specified in a notification issued under clause (1) or by law made by parliament under clause (2), in respect of a state or union territory, upon receiving a resolution recommending such sub-categorization or, as the case may be, de-sub-categorization passed by the legislature of that state or, as the case may be, union territory10(4) where the scheduled castes of a state or union territory are sub-categorized by parliament by law under clause (3), it shall be lawful to treat such sub-categories as distinct identities for the purposes of reservation in services in connection with the affairs of that state or, as the case may be, union territory, under clause (4) of article 16, and in admission to educational institutions run or substantially aided by the government of that state or, as the case may be, union territory, under clause (5) of article 15" statement  of  objects  and  reasonsarticle 341 of the constitution empowers the president to add or remove castes from the lists of scheduled castes however, it is well acknowledged that the scheduled castes are not a homogeneous group some castes are more backward than others this leads to disproportionate accruing of benefits of reservations to some communitiesundivided state of andhra pradesh acutely faced this problem in 1996 and it was brought to the notice of the then government of andhra pradesh the persons belonging to certain scheduled castes such as the 'maadigas' and 'rellis' complained that they were unable to compete with the persons belonging to certain other scheduled castes that were comparatively better off this led 'maadigas' and 'rellis' losing out on the benefits of reservations they demanded that the scheduled castes be categorized into four groups so that the benefits would be distributed evenly across all castesthe government of undivided state of andhra pradesh responded favourably with a government order in 1996 which was struck down by the andhra pradesh high court therefore, the legislature of the then state of andhra pradesh enacted a law in year 2000 known as the andhra pradesh scheduled castes (rationalisation of reservation), act, 2000, which was again struck down by the supreme court in the year 2004 the court's judgment was that the state government did not have the competence to legislate on this matter the andhra pradesh assembly then passed a resolution urging the union government to subcategorize the scheduled castes of the state the central government responded by setting up of the justice usha mehra commission in 2007 to examine the matterthe commission spent an year extensively travelling across andhra pradesh and studying the issue it concluded that the grievance of the 'maadigas' and 'rellis' was true and that benefits were indeed unfairly distributed the commission, in its report submitted on 1 may, 2008, had recommended subcategorization of the scheduled castes it clarified that this would not be a national level subcategorization and that as per the constitution, state could request for state-level subcategorization that pertained only to service and educational institutions in the respective state thus, this demand should be seen on a case to case basis in each statethe bill, therefore, seeks to amend the constitution with a view to provide that the parliament may by law provide for subcategorization or de-categorization of any caste, race or tribe or part of group within any caste, race or tribe upon receipt of a resolution from legislature of a state or union territory, as the case may behence this billmay 5, 2016 financial  memorandumclause 2 of the bill empowers the parliament to subcategorize or de-subcategorize the existing castes, races or tribes or parts of or groups within castes, races or tribes as the scheduled castes for the purpose of state of andhra pradesh the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india on account of benefits to be provided to the persons belonging to subcategorized castes, races or tribes under the ongoing central schemes meant for development of the scheduled castesat this stage, it is not possible to give the exact amount to be incurred on this account however, it is expected that a recurring expenditure of about five hundred crore will be involved annuallyno non-recurring expenditure is likely to be involved annexure extract from the constitution of india   scheduled castes341 (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 castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of this constitution be deemed to be scheduled castes in relation to that state or union territory, as the case may be(2) parliament may by law include in or exclude from the list of scheduled castes specified in a notification issued under clause (1) any caste, race or tribe or part of or group within any caste, race or tribe, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification     lok sabha———— a billfurther to amend the constitution of india————(shri dayakar pasunoori, mp)gmgipmrnd—1045ls(s3)—28-07-2016