Special provisions relating to reservation of seats for S C and ST. in Legislature,Services etc

<2/”>a >Hindu Society is divided into four varna, or classes, a convention which had its origins in the Rig Veda, the first and most important set of hymns in Hindu scripture which dates back to 1500-1000 B.C. At the top of the hierarchy are the Brahmins, or priests, followed by the Kshatriyas, or warriors. The Vaisyas, the farmers and artisans, constitute the third class.

The division of Indian Society into various castes, together with the practice of untouchability, and the geographic isolation of some tribal communities has meant that these communities have lagged behind others in terms of educational and occupational attainment, political participation and with regard to opportunities for social mobility.

There were many movements and governmental actions that took place pre- and post- independence in order to overcome and attempt to eliminate the inequalities and injustices associated with the caste system. During the national movement, Gandhi began using the term “Harijans” (God?s people) to refer to the untouchables in order to encourage a shift towards positive Attitude towards the lower castes. B.R. Ambedkar campaigned for greater rights for Dalits in British India, and even after independence.

ARTICLE 341(1): The President may with respect to any State or Union Territory, and where it is a State after consultation with the Governor thereof, by public notification, specify the casts, races or tribes or parts of or groups within casts, races or tribes which shall for the purpose of this Constitution be deemed to be Schedule Casts in relation to that State or Union Territory, as the case may be.

Article 341(2): Parliament may by law include in or exclude from the list of Schedule Casts specified in a notification issued under clause (1) any casts, race or tribe or parts of or groups within casts, races or tribes but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification

Seats shall be reserved in the House of the People for — (a) the Scheduled Castes; (b) the Scheduled Tribes except the Scheduled Tribes in the autonomous districts of Assam; and (c) the Scheduled Tribes in the autonomous districts of Assam. (2) The number of seats reserved in any State or Union territory for the Scheduled Castes or the Scheduled Tribes under clause shall bear, as nearly as may be, the same proportion to the total number of seats allotted to that State or Union territory in the House of the People as the Population of the Scheduled Castes in the State or Union territory or of the Scheduled Tribes in the State or Union territory or part of the State or Union territory, as the case may be, in respect of which seats are so reserved, bears to the total population of the State or Union territory.

Article 16 of the constitution provides for Equality of opportunity for all citizens in matters relating to EMPLOYMENT or appointment to any office under the state, i.e. No citizen shall on grounds only of religion, race, caste sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of any employment of office under the State. While Clause (4-A) states that nothing in this article shall prevent the State from making provision for reservation in matters of promotion to any class or classes of posts in the Services under the State in favour of the Scheduled Castes and the Scheduled Tribes, which in the opinion of the State are not adequately represented in the service of the State.,

The Constitution of India provides for special provisions relating to reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Lok Sabha and State Legislative Assemblies, the Union Public Service Commission and State Public Service Commissions, and other services under the Union and the States. These provisions are intended to ensure that SCs and STs have adequate representation in the legislatures and in government services, and to promote their advancement.

The Constitution also provides for the establishment of a National Commission for Scheduled Castes and a National Commission for Scheduled Tribes. These Commissions are responsible for monitoring the implementation of the special provisions for SCs and STs, and for investigating complaints of discrimination against them.

In addition, the Constitution provides for the establishment of special courts for the trial of offences against SCs and STs. These courts are intended to ensure that cases of discrimination against SCs and STs are dealt with speedily and effectively.

The Protection of civil Rights Act, 1955, is a law that prohibits discrimination against SCs and STs. The Act makes it an offence to deny any person any right or privilege on the grounds of their being an SC or ST. The Act also provides for the punishment of those who commit offences under the Act.

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, is a law that provides for special measures to prevent atrocities against SCs and STs. The Act defines an atrocity as an act of violence or intimidation committed against an SC or ST, or against their property, with the intention of humiliating or degrading them. The Act provides for the punishment of those who commit atrocities against SCs and STs.

In addition to the laws mentioned above, there are a number of other laws and schemes that have been enacted for the welfare of SCs and STs. These include the following:

  • The Scheduled Castes and Scheduled Tribes Development Corporation Act, 1989
  • The Scheduled Castes and Scheduled Tribes Sub-Plan (SCSP) and Tribal Area Development Programme (TADP)
  • The Indira Awas Yojana (IAY)
  • The Pradhan Mantri Kaushal Vikas Yojana (PMKVY)
  • The Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA)

These laws and schemes have been implemented with the aim of improving the socio-economic conditions of SCs and STs. They have helped to improve access to Education, employment, housing, healthcare, and other basic amenities for SCs and STs.

The implementation of these laws and schemes has also helped to reduce the incidence of discrimination against SCs and STs. However, there is still a long way to go before SCs and STs can achieve equality with other sections of society. The Government of India is committed to the welfare of SCs and STs, and is working to ensure that they have equal opportunities in all spheres of life.

What are the special provisions relating to reservation of seats for SC and ST in Legislature, Services etc?

The Constitution of India provides for special provisions relating to reservation of seats for SC and ST in the Legislature, Services etc. These provisions are made in order to ensure that SC and ST are adequately represented in all spheres of public life.

The following are some of the special provisions relating to reservation of seats for SC and ST in the Legislature, Services etc:

  • Seats are reserved for SC and ST in the Lok Sabha, Rajya Sabha, Legislative Assemblies and Legislative Councils.
  • Seats are reserved for SC and ST in government jobs.
  • Seats are reserved for SC and ST in educational institutions.
  • Quotas are provided for SC and ST in government contracts.

The special provisions relating to reservation of seats for SC and ST in the Legislature, Services etc are meant to ensure that SC and ST have equal opportunities to participate in all spheres of public life. These provisions have helped to improve the socio-economic conditions of SC and ST and have brought them into the mainstream of Indian society.

What are the benefits of reservation for SC and ST?

The benefits of reservation for SC and ST are manifold. Reservation has helped to improve the socio-economic conditions of SC and ST and has brought them into the mainstream of Indian society. Reservation has also helped to increase the representation of SC and ST in all spheres of public life.

Some of the benefits of reservation for SC and ST include:

  • Increased representation of SC and ST in the Legislature, Services etc.
  • Improved socio-economic conditions of SC and ST.
  • Increased access to education and employment for SC and ST.
  • Increased participation of SC and ST in decision-making.
  • Increased awareness of the rights of SC and ST.

What are the criticisms of reservation for SC and ST?

There are some criticisms of reservation for SC and ST. Some people argue that reservation is unfair to other communities. They argue that reservation perpetuates the caste system and prevents people from being judged on their merit.

Others argue that reservation is not effective in improving the socio-economic conditions of SC and ST. They argue that reservation has led to a culture of dependency and has not helped to create a level playing field for all communities.

What are the arguments in favor of reservation for SC and ST?

The arguments in favor of reservation for SC and ST are based on the principle of social Justice. It is argued that SC and ST have been historically discriminated against and that reservation is necessary to ensure that they have equal opportunities to participate in all spheres of public life.

It is also argued that reservation is necessary to correct the imbalances that have been created by the caste system. The caste system has resulted in the oppression of SC and ST for centuries and reservation is necessary to undo the damage that has been done.

What are the arguments against reservation for SC and ST?

The arguments against reservation for SC and ST are based on the principle of merit. It is argued that reservation is unfair to other communities and that it prevents people from being judged on their merit.

It is also argued that reservation is not effective in improving the socio-economic conditions of SC and ST. It is argued that reservation has led to a culture of dependency and has not helped to create a level playing field for all communities.

What is the future of reservation for SC and ST?

The future of reservation for SC and ST is uncertain. There is a growing debate about the effectiveness of reservation and whether it should be continued. Some people argue that reservation should be abolished, while others argue that it should be modified.

The future of reservation will depend on the outcome of this debate. If reservation is abolished, it will have a significant impact on the socio-economic conditions of SC and ST. If reservation is modified, it is important to ensure that the modifications are effective in addressing the concerns of all communities.

Question 1

Which of the following is not a provision of the Constitution of India relating to special provisions for SCs and STs?

(A) Reservation of seats in the Lok Sabha and the Rajya Sabha
(B) Reservation of seats in the state legislative assemblies
(C) Reservation of posts in the government services
(D) Special courts to try cases of atrocities against SCs and STs

Answer

(D)

The Constitution of India does not provide for special courts to try cases of atrocities against SCs and STs. However, The Protection Of Civil Rights Act, 1955, and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, provide for special courts to try such cases.

Question 2

Which of the following is not a reason for the reservation of seats for SCs and STs in the Lok Sabha and the Rajya Sabha?

(A) To ensure that SCs and STs are adequately represented in the Parliament
(B) To compensate for the historical injustice done to SCs and STs
(C) To ensure that SCs and STs have a say in the decision-making process
(D) To ensure that SCs and STs are not discriminated against

Answer

(D)

The reservation of seats for SCs and STs in the Lok Sabha and the Rajya Sabha is not to ensure that SCs and STs are not discriminated against. The purpose of the reservation is to ensure that SCs and STs are adequately represented in the Parliament and have a say in the decision-making process.

Question 3

Which of the following is not a reason for the reservation of posts in the government services for SCs and STs?

(A) To ensure that SCs and STs have equal opportunities for employment
(B) To compensate for the historical injustice done to SCs and STs
(C) To ensure that SCs and STs are not discriminated against in employment
(D) To ensure that SCs and STs are adequately represented in the government services

Answer

(C)

The reservation of posts in the government services for SCs and STs is not to ensure that SCs and STs are not discriminated against in employment. The purpose of the reservation is to ensure that SCs and STs have equal opportunities for employment and are adequately represented in the government services.

Question 4

Which of the following is not a provision of the Protection of Civil Rights Act, 1955?

(A) It prohibits discrimination against SCs and STs on the grounds of religion, race, caste, sex, place of birth, or any of them
(B) It provides for punishment for the contravention of its provisions
(C) It provides for the establishment of special courts to try cases of atrocities against SCs and STs
(D) It provides for the appointment of a Special Rapporteur to investigate complaints of atrocities against SCs and STs

Answer

(C)

The Protection of Civil Rights Act, 1955, does not provide for the establishment of special courts to try cases of atrocities against SCs and STs. However, the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, provides for the establishment of special courts to try such cases.

Question 5

Which of the following is not a provision of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989?

(A) It provides for punishment for the contravention of its provisions
(B) It provides for the establishment of special courts to try cases of atrocities against SCs and STs
(C) It provides for the appointment of a Special Rapporteur to investigate complaints of atrocities against SCs and STs
(D) It provides for the protection of witnesses and victims of atrocities against SCs and STs

Answer

(C)

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, does not provide for the appointment of a Special Rapporteur to investigate complaints of atrocities against SCs and STs. However, the Protection of Civil Rights Act, 1955, provides for the appointment of a Special Rapporteur to investigate complaints of atrocities against SCs and STs.