RAJYA SABHA TV /ALL INDIA RADIO (26th November 2019)

26th NOVEMBERM, 2019

DESH-DESHANTAR: SC/ST & Constitutional empowerment

Introduction 

On 26th November 2019, India is witnessing its 70th year of the Constitution day. The constitution makers has taken into the account of the under privileged section of the society specially SC/STs.

The provisions related to upliftment of these socially& educationally backward sections of the society are mentioned in the constitution. The basic idea behind inclusion of these provisions in the constitution was that the government with different ideology may come to power which might neglect the welfarism of these sections of the society.

What does the Constitution of India state about identification of SC/STs?

According to the Constitution of India, under article 341(1), the President of India, after consultation with the Governor, may specify, “the castes, races, tribes or parts of groups within castes or races, which shall be deemed to be Scheduled Castes”.

 Accordingly, the President has notified the Scheduled Castes in the order called ‘Constitution (Scheduled Castes) Order-1950’ and the ‘Scheduled Castes and Scheduled Tribes List (Modification) Order-1956. However, under article 341(2), the Parliament of India by law can include or exclude the above-mentioned groups from the list of the Scheduled Castes.

What are the constitutional provisions for SC/ST empowerment?

Scheduled castes are those castes/races in the country that suffer from extreme social, educational and economic backwardness arising out of age-old practice of untouchability and certain others on account of lack of infrastructure facilities and geographical isolation, and who need special consideration for safeguarding their interests and for their accelerated socio-economic development. These communities were notified as Scheduled Castes as per provisions contained in Clause 1 of Article 341 of the Constitution.

The deep concern of the framers of the Constitution for the uplift of the Scheduled Castes and Scheduled Tribes and Other Backward Classes is reflected in the elaborate constitutional mechanism set-up for their uplift.

• Article 17 abolishes Untouchability.
• Article 46 requires the State ‘to promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and to protect them from social injustice and all forms of exploitation.
• Article 335 provides that the claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State.
• Article 15(4) refers to the special provisions for their advancement.
• Article 16(4A) speaks of “reservation in matters of promotion to any class or classes of posts in the services under the State in favour of SCs/STs, which are not adequately represented in the services under the State’.

• Article 338 provides for a National Commission for the Scheduled Castes and Scheduled Tribes with duties to investigate and monitor all matters relating to safeguards provided for them, to inquire into specific complaints and to participate and advise on the planning process of their socio-economic development etc.
• Article 330 and Article 332 of the Constitution respectively provide for reservation of seats in favour of the Scheduled Castes and the Scheduled Tribes in the House of the People and in the legislative assemblies of the States.
•  Under Part IX relating to the Panchayats and Part IXA of the Constitution relating to the Municipalities, reservation for Scheduled Castes and Scheduled Tribes in local bodies has been envisaged and provided.
• The Constitution of India has prescribed, protection and safeguards for the Scheduled Castes (SCs), Scheduled Tribes (STs) and other weaker sections; either specially or the way of insisting on their general rights as citizens; with the object of promoting their educational and economic interests and removing social disabilities. These social groups have also been provided institutionalized commitments through the statutory body, the National Commission of SCs/STs.

The Ministry of Social Justice & Empowerment is the nodal Ministry to oversee the interests of the Scheduled Castes.

Other provisions applicable in specific states

• Article 164(1) provides that in the States of Chhattisgarh, Jharkhand, Madhya Pradesh and Odisha there shall be a Minister in charge of tribal welfare who may in addition be in charge of the welfare of the Scheduled Castes and backward classes or any other work.
• Article 371A has special provisions with respect to the State of Nagaland.
• Article 371B has special provisions with respect to the State of Assam.
• Article 371C has special provisions with respect to the State of Manipur.
• Article 371F has special provisions with respect to Sikkim.