Provisions Regarding Scheduled Castes and Tribes in Indian Constitution
Constitution does not define as to who are the persons who belong to scheduled castes and scheduled tribes. However, Articles 341 and 342, empower the President of India to draw up a list of these castes and tribes.
- Scheduled castes and scheduled castes and scheduled tribes and those castes or tribes as the President may by public notification specify.
- If such a notification is related to a state, then also President will notify the same. However, it can be done after consultation with the governor of the state
- Any inclusion or exclusion from the presidential notification of any caste, race, or tribe can be done by Parliament by Law.
- If any question arises whether or not particular tribe is a tribe within the meaning of this article one has to look at the public notification issued by the president.
Reservation of seats for SC/ST
The Constitution of India provides for reservation of seats for scheduled castes and scheduled tribes (dalits) in –
- Lok Sabha (Article 330)
- State Assemblies {except in autonomous districts of Assam where there is only ST reservation} (Article 332)
- Gram Sabha and Panchayat (Article 243 D)
- Municipalities (Article 243T)
- Other local bodies such as Bodoland Territorial Council (Only ST)
Duration of the Reservations
When the Constitution was enacted in 1950, the reservations were to cease after 10 years. However, having regard to the conditions of scheduled castes and scheduled tribes, the Constitution has been amended from time to time, and the period of 10 years has been extended to 20 years, then to 30 years, then to 40 years and then to 50 years.
It was later provided that the reservation will cease after 60 years, i.e., after 2010 (79th Amendment Act, 1999 in Article 334). Then, once again the constitution was amended via 95th amendment act 2009, whereby the reservation will cease after 70 years
Provisions for welfare and protection of the Scheduled Castes and Tribes
Indian constitution abolishes any discrimination to any class of persons on ground or religion race or place of birth (Article 15(1)). It is in pursuance of this ideal that the constitution has abolished communal representation or reservation of seats in the legislatures or in any public office on the basis of religion.
However, the Article 46 of the directive principles enjoins the state to take special care in promoting the educational and economic interests of the weaker sections of the society and in particular the scheduled castes and scheduled tribes and to protect them from social injustice. Any such provision made by the state cannot be challenged on the ground of being discriminatory. Similarly, the Part III constitution guarantees fundamental rights and provides many provisions protecting minority rights.
The following provisions have been made in the constitution for welfare of the SC and ST
Fundamental Rights
Art. 15(4) says that government can make special provisions for SC and ST’s in the name of “positive discrimination”.
DPSP
Art. 46 says that educational and economic interests of SCs and STs shall be protected and promoted.
Minister of Tribal Welfare
Art. 164 says that in the states of Bihar, Madhya Pradesh and Orissa there shall be a minister in charge of tribal welfare who shall also be in charge of the welfare of SC and other backward classes.
Grants in aid to states promoting welfare of STs
Article 275 provides for grants-in-aid to the states for promoting the welfare of scheduled tribes.
Lowering standards of evaluation
Provisions for relaxation in qualifying marks in any examination or lowering the standards of evaluation, for reservation in matters or promotion for SCs and STs. Art. 335 says that claims of the members of SCs and STs shall be taken into consideration consistent with the maintenance of the efficiency in administration in appointments under the union and the states.
Separate National Commissions for SC and ST
- 338 says that there shall be a national commission for SCs.
- Article 338A says that there shall be a national commission for STs.
Other Notes
The Supreme Court of India in its verdicts has upheld that the term ‘Scheduled Castes’ does not mean some specific caste. The court has also declared that the authority to modify the lists of Scheduled Castes and Scheduled Tribes lies with Parliament and Court shall not consider the claims of any caste and community to be included in such lists.
