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8.
Is there any provision for the revision of the Central Lists
and if so, how is this done?
Yes. The underlying philosophy of periodic revision is that
reservation is for those backward classes who need it and
who are handicapped without it and not for those who after
availing themselves of and enjoying the benefits of reservation
have ceased to be backward. Castes/communities which have
advanced to the level of forward sections of the society
should yield place to those who have not reached this stage
of development and are in greater need of reservation. As
such there is need for exclusion of such castes/communities
which have advanced socially and educationally, from the
list of backward classes.
With
this end in view and in keeping with the judgment of the
Supreme Court in Indira Sawhney & ors. Vs. Union of
India & Ors. Case, the National Commission for Backward
Classes Act, 1993 provides for a decennial revision. Section
11 of the Act reads as under:-
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"The
Central Government may at any time and shall at
the expiration of ten years from the coming into
force of this Act and every succeeding period of
ten years thereafter, undertake revision of the
lists with a view to excluding from such lists those
classes which have ceased to be backward classes
or for including in such lists new backward classes;
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The
Central Government shall, while undertaking any
revision referred to in sub-section (1) consult
the Commission.
Government
in the Ministry of Social Justice & Empowerment have
entrusted the task of identifying backward classes which
have ceased to be backward, for the purpose of revising
the lists, as envisaged under section 11 of the Act, to
the Commission.
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