Scheduled Castes (SC) and Scheduled Tribes (ST): Constitutional Provisions and Special Provisions
Understanding the constitutional framework for Scheduled Castes (SC) and Scheduled Tribes (ST) is crucial for mastering Indian Polity, especially for competitive exams like the UPSC. These provisions aim to address historical injustices and ensure socio-economic upliftment and representation for these communities.
Constitutional Basis for SC/ST Recognition
The Constitution of India recognizes specific communities as Scheduled Castes and Scheduled Tribes based on their historical marginalization, socio-economic backwardness, and distinct cultural identity. This recognition is a prerequisite for availing special provisions and affirmative action measures.
The President of India is empowered to notify which castes and tribes are to be deemed SCs and STs.
Article 341 empowers the President to specify Scheduled Castes, and Article 342 empowers the President to specify Scheduled Tribes. These lists are state-specific and can only be amended by Parliament.
Article 341 of the Constitution states that the President may, after consultation with the Governor, 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. Similarly, Article 342 deals with the specification of Scheduled Tribes. Once notified, any addition or omission to these lists can only be done by an Act of Parliament. This ensures a standardized and deliberative process for inclusion and exclusion.
Special Provisions for Scheduled Castes and Scheduled Tribes
The Constitution incorporates several special provisions to protect the interests and promote the socio-economic development of SCs and STs. These provisions cover various aspects of life, including political representation, education, employment, and economic welfare.
| Constitutional Article | Provision for SCs | Provision for STs |
|---|---|---|
| Article 15(4) | Special provisions for advancement of socially and educationally backward classes (includes SCs/STs). | Special provisions for advancement of socially and educationally backward classes (includes SCs/STs). |
| Article 16(4) | Reservation in public employment. | Reservation in public employment. |
| Article 17 | Abolition of Untouchability. | N/A |
| Article 46 | Promotion of educational and economic interests. | Promotion of educational and economic interests. |
| Article 243D | Reservation of seats in Panchayats. | Reservation of seats in Panchayats. |
| Article 243T | Reservation of seats in Municipalities. | Reservation of seats in Municipalities. |
| Article 330 | Reservation of seats in Lok Sabha. | Reservation of seats in Lok Sabha. |
| Article 332 | Reservation of seats in State Legislative Assemblies. | Reservation of seats in State Legislative Assemblies. |
| Article 334 | Commencement of reservation of seats and special representation to cease after a specified period (periodically extended). | Commencement of reservation of seats and special representation to cease after a specified period (periodically extended). |
| Article 335 | Claims of SCs/STs to services and posts to be taken into consideration. | Claims of SCs/STs to services and posts to be taken into consideration. |
| Article 338 | National Commission for Scheduled Castes. | N/A |
| Article 338A | N/A | National Commission for Scheduled Tribes. |
| Article 339 | Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes. | Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes. |
| Article 275 | Grants from the Union to certain States for specific purposes (including welfare of STs). | Grants from the Union to certain States for specific purposes (including welfare of STs). |
Key Institutions and Mechanisms
Several institutions and mechanisms are established to oversee the implementation of these provisions and to protect the rights of SCs and STs.
Article 341 for Scheduled Castes and Article 342 for Scheduled Tribes.
The National Commission for Scheduled Castes (NCSC) and the National Commission for Scheduled Tribes (NCST) are constitutional bodies responsible for monitoring the constitutional safeguards for these communities and investigating specific grievances.
The constitutional provisions for SCs and STs can be visualized as a multi-layered protection system. The base layer consists of fundamental rights (like equality and non-discrimination), followed by directive principles promoting welfare, and then specific affirmative actions like reservations in political representation and public employment. Finally, dedicated commissions act as watchdogs to ensure these protections are effective.
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Scheduled Areas and Tribal Areas
The Constitution also makes special provisions for the administration and control of 'Scheduled Areas' and 'Tribal Areas' to protect the unique cultural identity and socio-economic interests of tribal communities. The Fifth Schedule deals with Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram, while the Sixth Schedule deals with specific tribal areas in these northeastern states.
The 'Scheduled Areas' are those areas that the President may, by order, declare to be Scheduled Areas. The administration of these areas is subject to special provisions under the Fifth Schedule, including the establishment of Tribes Advisory Councils.
Key Amendments and Extensions
It's important to note that the reservation of seats in legislatures and quotas in public services for SCs and STs, initially intended for a limited period, have been extended through various constitutional amendments. The most recent extension was through the Constitution (One Hundred and Twenty-sixth Amendment) Act, 2019, which extended the reservation for another ten years.
To provide for special provisions for the administration and control of Scheduled Areas and Tribal Areas to protect the unique cultural identity and socio-economic interests of tribal communities.
Learning Resources
Access the official and complete text of the Indian Constitution, essential for understanding the exact articles related to SCs and STs.
Explore the official website of the NCSC to understand its functions, reports, and the constitutional provisions it oversees for Scheduled Castes.
Visit the official website of the NCST to learn about its mandate, activities, and the constitutional safeguards for Scheduled Tribes.
Refer to the official UPSC syllabus to align your learning with the exam requirements for Polity and Constitution, including SC/ST provisions.
Gain insights into various aspects of the Indian Constitution, including articles related to social justice and minority rights, from this reputable research organization.
A detailed explanation of the Fifth Schedule, its provisions for Scheduled Areas, and the role of Tribes Advisory Councils.
An in-depth look at the Sixth Schedule, focusing on the autonomous councils and special provisions for tribal areas in the North-Eastern states.
Understand the historical context and constitutional basis of reservation policies in India, including their application to SCs and STs.
Learn about the constitutional amendments that have extended reservation benefits for SCs and STs in legislative bodies and public services.
This act provides for the prevention of atrocities against members of Scheduled Castes and Scheduled Tribes and outlines legal measures for their protection.