CONSITITONAL PROVISIONS FOR Scheduled Tribes

CONSITITONAL PROVISIONS FOR SC & ST

Constitutional History

In the original Constitution, ARTICLE 338 provided for a special officer (the Commissioner for SCs and STs) responsible for monitoring the implementation of constitutional and legislative safeguards for SCs and STs and reporting to the president.
Seventeen regional offices of the Commissioner were established throughout the country.
There was an initiative to replace the Commissioner with a committee in the 48th Amendment to the Constitution, changing Article 338. While the amendment was being debated, the Ministry of Welfare established the first committee for SCs and STs (with the functions of the Commissioner) in August 1978.
These functions were modified in September 1987 to include advising the government on broad policy issues and the development levels of SCs and STs. Now it is included in Article 342.
In 1990, Article 338 was amended for the National Commission for SCs and STs with the Constitution (Sixty fifth Amendments) Bill, 1990. The first commission under the 65th Amendment was constituted in March 1992, replacing the Commissioner for Scheduled Castes and Scheduled Tribes and the commission established by the Ministry of Welfare’s Resolution of 1989.
In 2003, the Constitution was again amended to divide the National Commission for Scheduled Castes and Scheduled Tribes into two commissions: the National Commission for Scheduled Castes and the National Commission for Scheduled Tribes.
Due to the spread of Christianity and Islam among schedule caste/Tribe community converted are not protected as castes under Indian Reservation policy. Hence, these societies usually forge their community certificate as Hindus and practice Christianity or Islam afraid for their loss of reservation

The following are the measures prescribed in the Constitution for the welfare of the Scheduled Castes and Scheduled Tribes:

15(4):
Clause 4 of article 15 is the fountain head of all provisions regarding compensatory discrimination for SCs/STs. This clause was added in the first amendment to the constitution in 1951 after the SC judgment in the case of Champakam Dorairajan vs State of Madras .
It says thus, “Nothing in this article or in article 29(2) shall prevent the state from making any provisions for the advancement of any socially and economically backward classes of citizens or for Scheduled Castes and Scheduled Tribes.” This clause started the era of reservations in India.
In the case of Balaji vs State of Mysore , the SC held that reservation cannot be more than 50%.
Further, that art. 15(4) talks about backward classes and not backward castes thus caste is not the only criterion for backwardness and other criteria must also be considered.
Finally, in the case of Indra Sawhney vs Union of India AIR 1993, SC upheld the decision given under Balaji vs State of Mysore that reservation should not exceed 50% except only in special circumstances.
It further held that it is valid to sub-categorize the reservation between backward and more backward classes. However, total should still not exceed 50%. It also held that the carry forward rule is valid as long as reservation does not exceed 50%.
15 (5): This clause was added in 93rd amendment in 2005 and allows the state to make special provisions for backward classes or SCs or STs for admissions in private educational institutions, aided or unaided.
16(4): This clause allows the state to reserve vacancies in Public Service for any backward classes of the state that are not adequately represented in the public Services.
16 (4A): This allows the state to implement reservation in the matter of promotion for SCs and STs.
16(4B): This allows the state to consider unfilled vacancies reserved for backward classes as a separate class of vacancies not subject to a limit of 50% reservation
17:
This abolishes untouchability and its practice in any form. Although the term untouchability has not been defined in the constitution or in any act but its meaning is to be understood not in a literal sense but in the context of Society/”>Indian Society.
Due to the Varna System, some people were relegated to do menial jobs such as cleaning toilets. Such people were not to be touched and it was considered a sin to even touch their shadow. They were not even allowed to enter public places such as temples and shops.
The constitution strives to remove this abhorring practice by not only making the provision a fundamental right but also allows punishment to whoever practices or abets it in any form.
Towards this end, Protection of Civil Rights was enacted. It has implemented several measures to eradicate this evil from the society. It stipulates up to 6 months imprisonment or 500 Rs fine or both. It impresses upon the public servant to investigate fully any complaint in this matter and failing to do so will amount to abetting this crime.
In the case of State of Karala. vs Appa Balu Ingle, SC upheld the conviction for preventing a lower caste person from filling water from a bore well. In Asiad Projects Workers Case 1982, SC has held that right under Art 17 is available against private individuals as well and it is the duty of the state to ensure that this right is not violated.
19(5): It allows the state to impose restriction on Freedom of Movement or of residence in the benefit of Scheduled Tribes.
40: Provides reservation in 1/3 seats in Panchayats to SC/ST.
46: Enjoins the states to promote with care the educational and economic interests of the weaker sections, specially SC and STs.
164: Appoint special minister for tribal welfare in the states of MP, Bihar, and Orrisa.
275: Allows special grant in aids to states for tribal welfare.
330 & 332: Allows reservation of seats for SC/ST in the parliament as well as in state legislatures.
335: Allows relaxation in qualifying marks for admission in educational institutes or promotions for SCs/STs. In the case of State of MP vs Nivedita Jain 8 , SC held that complete relaxation of qualifying marks for SCs/STs in Pre-Medical Examinations for admission to medical colleges is valid.
338,338A & 339: Establishes a National Commission of SCs and STs. Art. 339 allow the central govt. to direct states to implement and execute plans for the betterment of SC/STs.
340: Allows the president to appoint a commission to investigate the condition of socially and economically classes and table the report in the parliament

Duties and Functions of the NCSC Commission:

Constitution of India under Article 338 has assigned the following duties and functions to the Commission.

To investigate and monitor all matters relating to the safeguards provided for the Scheduled Castes under the Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards;

to inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Castes;

The Constitution of India provides special provisions for the advancement of Scheduled Tribes. These provisions are aimed at protecting the interests of Scheduled Tribes and ensuring their development.

The Constitution defines Scheduled Tribes as “such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under this Constitution to be Scheduled Tribes for the purposes of this Part”. The list of Scheduled Tribes is maintained by the President of India.

The Constitution makes special provisions for the advancement of Scheduled Tribes in the following areas:

Representation in Parliament and State Legislatures
Appointment of a Commission to investigate the conditions of Scheduled Tribes
Special provision for the administration of tribal areas
Regulation of Money lending to Scheduled Tribes
Administration of Justice in areas inhabited by Scheduled Tribes
Special provision for the constitution and functions of certain Tribunals for the adjudication of cases relating to Scheduled Tribes
Removal of difficulties

The Constitution also provides for the appointment of a Commission to investigate the administration of Scheduled Areas and Scheduled Tribes. The Commission is to report on the administration of these areas and tribes and make recommendations for their advancement.

The Constitution also provides for the control of money lending to Scheduled Tribes. The State Governments are empowered to make laws regulating money lending to Scheduled Tribes.

The Constitution also provides for the administration of justice in areas inhabited by Scheduled Tribes. The State Governments are empowered to make laws for the administration of justice in these areas.

The Constitution also provides for the constitution and functions of certain tribunals for the adjudication of cases relating to Scheduled Tribes. The State Governments are empowered to constitute such tribunals and to define their powers and functions.

The Constitution also provides for the removal of difficulties in the implementation of the provisions relating to Scheduled Tribes. The President of India is empowered to issue orders for the removal of such difficulties.

The constitutional provisions for Scheduled Tribes are aimed at protecting the interests of Scheduled Tribes and ensuring their development. These provisions have been successful in improving the lives of Scheduled Tribes. However, there is still a need for further improvement in the lives of Scheduled Tribes. The Government of India and the State Governments need to take more effective measures for the advancement of Scheduled Tribes.

The following are some of the challenges faced by Scheduled Tribes:

POVERTY: Scheduled Tribes are among the poorest communities in India. The poverty rate among Scheduled Tribes is more than double the national Average.
Illiteracy: The Literacy rate among Scheduled Tribes is also lower than the national average.
Lack of access to Education and healthcare: Scheduled Tribes have limited access to education and healthcare facilities.
Discrimination: Scheduled Tribes face discrimination in many areas, including education, EMPLOYMENT, and housing.
Violence: Scheduled Tribes are often victims of violence, including sexual violence.

The Government of India and the State Governments have taken some measures to address the challenges faced by Scheduled Tribes. These measures include:

Providing financial assistance to Scheduled Tribes
Providing scholarships to Scheduled Tribes students
Providing free medical care to Scheduled Tribes people
Providing reservation in education and employment for Scheduled Tribes people
Enacting laws to protect the rights of Scheduled Tribes people

However, more needs to be done to address the challenges faced by Scheduled Tribes. The Government of India and the State Governments need to take more effective measures to improve the lives of Scheduled Tribes people.

The Constitution of India provides special provisions for the Scheduled Tribes (STs) in order to protect their interests and promote their development. These provisions include reservation in government jobs and educational institutions, and the right to establish autonomous councils.

The STs are a group of indigenous peoples who live in different parts of India. They are often referred to as “Adivasis” or “tribals”. The STs have a distinct culture and way of life, and they have been marginalized and discriminated against for centuries.

The Constitution of India recognizes the special needs of the STs and provides for special measures to protect their interests. These measures include reservation in government jobs and educational institutions, and the right to establish autonomous councils.

The reservation in government jobs and educational institutions is a major provision that has helped to improve the socio-economic status of the STs. The reservation has helped to increase the representation of the STs in government jobs and educational institutions. This has helped to improve the economic opportunities for the STs and has also helped to raise their social status.

The right to establish autonomous councils is another important provision that has helped to protect the interests of the STs. The autonomous councils have helped to promote the development of the STs and have also helped to protect their culture and way of life.

The Constitution of India has made significant progress in protecting the interests of the STs. However, there is still a long way to go. The STs continue to face discrimination and marginalization. There is a need to implement the constitutional provisions for the STs more effectively. There is also a need to create awareness about the rights of the STs and to ensure that they are able to exercise their rights.

Here are some frequently asked questions about the constitutional provisions for the Scheduled Tribes:

What are the constitutional provisions for the Scheduled Tribes?

Who are the Scheduled Tribes?

The Scheduled Tribes are a group of indigenous peoples who live in different parts of India. They are often referred to as “Adivasis” or “tribals”. The STs have a distinct culture and way of life, and they have been marginalized and discriminated against for centuries.

What are the special measures provided for the Scheduled Tribes in the Constitution of India?

The special measures provided for the Scheduled Tribes in the Constitution of India include reservation in government jobs and educational institutions, and the right to establish autonomous councils.

How has the reservation in government jobs and educational institutions helped the Scheduled Tribes?

The reservation in government jobs and educational institutions has been a major provision that has helped to improve the socio-economic status of the Scheduled Tribes. The reservation has helped to increase the representation of the STs in government jobs and educational institutions. This has helped to improve the economic opportunities for the STs and has also helped to raise their social status.

How has the right to establish autonomous councils helped the Scheduled Tribes?

The right to establish autonomous councils is another important provision that has helped to protect the interests of the Scheduled Tribes. The autonomous councils have helped to promote the development of the STs and have also helped to protect their culture and way of life.

What are the challenges faced by the Scheduled Tribes?

The Scheduled Tribes continue to face discrimination and marginalization. There is a need to implement the constitutional provisions for the STs more effectively. There is also a need to create awareness about the rights of the STs and to ensure that they are able to exercise their rights.

Which of the following is not a provision of the Indian Constitution for Scheduled Tribes?
(A) Reservation in government jobs and educational institutions
(B) Special courts to try cases involving Scheduled Tribes
(C) Protection of their culture and customs
(D) Right to self-determination
The National Commission for Scheduled Tribes is a statutory body established by the Government of India under the provisions of the Constitution. Which of the following is not one of its functions?
(A) To investigate all matters relating to the safeguards provided for the Scheduled Tribes under the Constitution and other laws
(B) To advise the Central Government on all such matters
(C) To take up with the appropriate authorities any matter relating to the welfare of the Scheduled Tribes
(D) To present to the President an annual report on the working of the safeguards provided for the Scheduled Tribes under the Constitution and other laws
The Scheduled Tribes are a group of people who are indigenous to India. They are a diverse group, with a wide range of cultures and languages. The Scheduled Tribes are protected by the Indian Constitution, which provides them with a number of safeguards. These safeguards include reservation in government jobs and educational institutions, special courts to try cases involving Scheduled Tribes, and protection of their culture and customs.
The National Commission for Scheduled Tribes is a statutory body established by the Government of India under the provisions of the Constitution. The Commission is responsible for protecting the rights and interests of the Scheduled Tribes. It does this by investigating all matters relating to the safeguards provided for the Scheduled Tribes under the Constitution and other laws, advising the Central Government on all such matters, and taking up with the appropriate authorities any matter relating to the welfare of the Scheduled Tribes. The Commission also presents to the President an annual report on the working of the safeguards provided for the Scheduled Tribes under the Constitution and other laws.
The Scheduled Tribes are a vital part of the Indian society. They have made significant contributions to the country’s culture, economy, and development. The Indian government is committed to protecting the rights and interests of the Scheduled Tribes. It has put in place a number of safeguards to ensure that they have equal opportunities and are able to live with dignity and respect.