CONSTITUTIONAL

PROVISIONS FOR SC & ST

[A-] | [A+]

The Indian society is divided into four varnas, often referred as Jatis or Casts. At the lowest rung of
social hierarchy are Sudras which has been been designated as Harijans by Gandhi and as
Scheduled Cast by the constitutions. These casts are called Scheduled Casts as these are included in
the list or schedule prepared by the government. There are certain communities which have their
own distinct culture and religion and are executed from traditional social structure. These
communities are called Scheduled Tribes in the Constitutions. As per the provisions of the
constitutions (Article 341), the President of India shall prepare the list of such casts and tribes for the
first time, in consultation with Governors of States. Parliament has been authorised to
make subsequent modifications in such lists as and when required. It means the list of the Scheduled
Castes and Scheduled Tribes will not be same for all states but differ from state to state depending
upon social and educational backwardness of such casts and communities. 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. Thus there are no Scheduled Casts outside these
two religions. The Supreme Court of India in its verdicts in two cases S. B. S. K. Federation
(Railway) Vs. Union of India and State Bank of India, Kerala Vs. N. M. Thomas upheld that the term
Scheduled Casts does not mean some specific caste. The court, in tow other 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 following are the measures prescribed in the Constitution for the welfare of the Scheduled Castes
and Scheduled Tribes:
1. According to the Article 15, the state should not discriminate against any citizen only on the
ground of cast creed, etc. More positively, 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. Thus, if the State takes any measures in favour of these castes and communities if would
not be challenged on the ground of right to equality.
2. According to provisions of Article 19, the state can impose reasonable restrictions on the freedom
of movement and residence of people, in the interest of Scheduled Tribes.
3. Article 46 of Constitution directs the State to protect the educational interests of weaker section
of society especially the Scheduled Casts and Scheduled Tribes.
4. According to the provisions of Article 330, 332 and 334, the seats are reserved in the Parliament
and State Legislatures in favour of the Scheduled Casts and Scheduled Tribes in proportion to
their number in the population.
5. 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.
6. The 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, which is
assigned such duties as to investigate and monitor all matters related to the safeguards provided
for the SC/ST in the constitution, to advice on the planning process of the development of SC/ST
and to recommend suitable measures for the effective implementation of these safeguards and for
the protection , welfare and advancement of the Scheduled Castes and Scheduled Tribes.
7. As per the provisions of 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.
8. 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.
9. 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.
10. As per the provision of the Constitution, there shall be a separate Ministry in few states viz
Jharkhand, Chattishgarh, Orissa etc. which will be charded with the responsibility for the welfare
of Scheduled castes in the States.
11. The 85th amendment of the Constitution restores reservation in promotion in government jobs to
member of Scheduled Castes and Scheduled Tribes.