Some Constitutional Provisions for SC/ST : GS III : IAS
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- The Scheduled Cast order, 1950, issued by the Government of India states and certain castes belonging to only Hindu and Sikh religion are designated as Scheduled Casts.
- cases – Inder Prakash Vs. Dy. Commissioner, Delhi and Dadaji Vs. Sukhdev Babu declared that the authority to modify the list of Scheduled Casts and Scheduled Tribes les with Parliament and the court shall not consider the claims of any cast and community to be included in such lists.
- the measures prescribed in the Constitution for the welfare of the Scheduled Castes and Scheduled Tribes:
- Article 15, the state should not discriminate against any citizen only on the ground of cast creed, et
- Article 15(4) further states that the state may (in spite of right to equality) make special provisions for the welfare of socially and educationally backward classes.
- Article 19, the state can impose reasonable restrictions on the freedom of movement and residence of people, in the interest of Scheduled Tribes.
- Article 46 of Constitution directs the State to protect the educational interests of weaker section of society especially the Scheduled Casts and Scheduled Tribes
- Article 330, 332 and 334, the seats are reserved in the Parliament and State Legislatures in favour of the Scheduled Casts and Scheduled Tribes
- Article 335 provides that the State shall consider the claim of members of SC/ST for making reservation in services, keeping in mind the efficiency of the administration.
- Article 338 of the constitution (as amended in 1990 by 65th Amendment) provides for the establishment of National Commission for the Scheduled Castes and Scheduled Tribes,
- Article 339, the President is authorised to appoint a Commission after 10 years of the commencement of the Constitution to report on the administration of Scheduled Area and the welfare of Scheduled Castes.
- The Government of India is also empowered to issue suitable directions to State for the welfare of Scheduled Area and Scheduled Tribes.
- Article 275(1) of the Constitution makes provision that the Union of India shall make grants to States for implementing welfare schemes in Scheduled Areas and for Scheduled Tribes
- The Fifth and the Sixth Schedules of constitution (with reference to article 244) make special provisions for the administration and welfare of Scheduled Areas and Scheduled Tribes.
- As per the provision of the Constitution, there shall be a separate Ministry in few states viz Jharkhand, Chattishgarh, Orissa etc.
- The 85th amendment of the Constitution restores reservation in promotion in government jobs to member of Scheduled Castes and Scheduled Tribes.
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