Special Provision for Certain Classes

11. Which of the following are constitutional provisions and laws for the

Which of the following are constitutional provisions and laws for the protection of the rights of the Scheduled Castes in India?
1. Article 17 of the Constitution of India
2. The Protection of Civil Rights Act, 1955
3. The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989
Select the correct answer using the code given below.

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1 and 3 only
1 and 2 only
1, 2 and 3
2 and 3 only
This question was previously asked in
UPSC CDS-2 – 2016
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All three listed provisions and laws are for the protection of the rights of Scheduled Castes in India. The correct answer is C) 1, 2 and 3.
Article 17 of the Constitution abolishes untouchability and forbids its practice in any form, making its enforcement an offence punishable by law. The Protection of Civil Rights Act, 1955 was enacted to give effect to Article 17 by prescribing punishments for the practice of untouchability. The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 is a specific law enacted to prevent atrocities and crimes against persons belonging to the Scheduled Castes and Scheduled Tribes, and provides for special courts for the trial of such offences.
These constitutional provisions and laws form the bedrock of legal protection against discrimination and atrocities faced by Scheduled Castes and Scheduled Tribes in India. They represent progressive steps taken to address historical injustices and ensure equality and dignity for these communities.

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12. Who among the following is given discretionary powers under the Fifth

Who among the following is given discretionary powers under the Fifth Schedule of the Constitution of India to set up a Tribes Advisory Council in a State which has Scheduled Tribes but not Scheduled Areas?

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The Governor of the concerned State
The President of India
The Inter-State Council
The Parliament of India
This question was previously asked in
UPSC CDS-1 – 2023
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The correct answer is A, The Governor of the concerned State.
Paragraph 4(1) of the Fifth Schedule of the Constitution of India provides for the establishment of a Tribes Advisory Council in each State having Scheduled Areas. It further states that such a Council may also be established, if the President so directs, in any other State having Scheduled Tribes but not Scheduled Areas. Paragraph 4(3) states that the Governor may make rules prescribing the number of members of the Council, the mode of their appointment, and the procedure for its meetings. Thus, the power to set up and regulate the Tribes Advisory Council within the state machinery, based on the President’s direction in states without Scheduled Areas, rests with the Governor.
The Fifth Schedule deals with the administration and control of Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram, which are covered by the Sixth Schedule. The Tribes Advisory Council advises the Governor on matters relating to the welfare and advancement of the Scheduled Tribes in the State.

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