SCHEDULED CASTE LIST
- The designation of Scheduled Castes is governed by Article 341 of the Indian Constitution. It empowers the President of India to specify the castes, races, or tribes deemed to be Scheduled Castes in various states and union territories
- The primary purpose of the SC list is to ensure that members of these communities receive special consideration and benefits in education, employment, and political representation to help overcome historical disadvantages and discrimination
- Members of Scheduled Castes are entitled to reservations (quotas) in educational institutions, government jobs, and legislatures. This includes reserved seats in the Lok Sabha (the lower house of India's Parliament) and State Legislative Assemblies
- In addition to reservations, various social welfare schemes and programs are designed to improve the living conditions, educational attainment, and economic status of SC communities. These include scholarships, grants, and special financial assistance
- The list of Scheduled Castes can be amended from time to time by the Parliament of India. New communities can be added, and existing communities can be removed based on changing socio-economic conditions and through recommendations from state governments and commissions
- The SC list varies from state to state. A community recognized as SC in one state may not necessarily be recognized as such in another state. This is because the socio-economic conditions and historical context of caste-based discrimination can differ across regions
The authority to amend the Scheduled Caste (SC) list rests with the Parliament of India. This process is outlined in Article 341 of the Indian Constitution. Here's how it works:
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Presidential Notification: Article 341(1) states that the President of India, after consulting with the Governor of the respective state, can specify the castes, races, or tribes to be recognized as Scheduled Castes in relation to that state or union territory. This is done through a public notification.
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Parliamentary Approval: Article 341(2) stipulates that any inclusion or exclusion of castes, races, or tribes from the list of Scheduled Castes can only be done through a law enacted by Parliament. This means that the President cannot unilaterally amend the SC list; any changes must be approved by the Parliament through legislation.
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Process:
- Proposal: A proposal for amending the SC list typically starts with recommendations from state governments or Union territories, which may conduct their own reviews and surveys.
- Review and Recommendation: These recommendations are reviewed by the National Commission for Scheduled Castes, which advises the President on such matters.
- Legislative Process: Based on these recommendations, the central government can introduce a bill in Parliament to amend the SC list. This bill must go through the usual legislative process, including approval by both houses of Parliament (the Lok Sabha and the Rajya Sabha) and receiving the President's assent.
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Consultation: The President must consult with the Governor of the concerned state before making any specification of Scheduled Castes in that state, ensuring that local contexts and perspectives are considered
Article 341 of the Indian Constitution is designed to address the historical injustices and social disadvantages faced by certain communities, by formally recognizing them as Scheduled Castes (SCs).
The purpose of Article 341 is multifaceted:
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Identification and Recognition: Article 341 provides a mechanism for identifying and officially recognizing castes, races, or tribes that have historically faced extreme social, educational, and economic disadvantages. This formal recognition is crucial for the implementation of targeted affirmative action policies.
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Legal Framework for Affirmative Action: By identifying and listing Scheduled Castes, Article 341 creates a legal basis for implementing various affirmative action measures aimed at uplifting these communities. These measures include reservations (quotas) in education, employment, and political representation, as well as various social welfare programs.
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Consultation and Specification:
- Article 341(1): Empowers the President of India, in consultation with the Governor of a state, to specify the castes, races, or tribes that shall be treated as Scheduled Castes in relation to that state or union territory. This ensures that local conditions and contexts are considered in the identification process.
- Article 341(2): Stipulates that any subsequent amendments to this list, such as adding or removing castes, must be enacted by Parliament. This ensures that changes to the SC list are subject to a thorough legislative process, providing an additional layer of scrutiny and legitimacy
- The overarching goal of Article 341 is to promote social justice and equality. By recognizing certain communities as Scheduled Castes, the Constitution aims to rectify historical discrimination and provide these communities with enhanced opportunities for social, educational, and economic advancement
- The identification of Scheduled Castes under Article 341 allows the government to design and implement targeted interventions and policies that specifically address the needs and challenges of these communities. This helps in ensuring that the benefits of affirmative action and social welfare programs reach those who need them the most
- The NCSC monitors the implementation of constitutional and other legal safeguards for SCs.
- It investigates and inquires into specific complaints regarding the deprivation of rights and safeguards of SCs
- The Commission advises the central and state governments on policies and measures required to improve the socio-economic development of SCs.
- It provides recommendations on the planning process and socioeconomic development schemes for SCs
- The NCSC presents annual reports to the President of India on the working of these safeguards and measures.
- These reports are then laid before each house of Parliament, along with a memorandum explaining the action taken on the recommendations and the reasons for non-acceptance of any recommendations
- The Commission reviews the progress of the development of SCs under the Union and any State.
- It participates in and advises on the planning process for the socio-economic development of SCs
- The NCSC conducts studies, research, and analysis on issues relating to the socio-economic development of SCs.
- It promotes awareness and education among SC communities regarding their rights and the measures available to them
- The NCSC has the powers of a civil court in matters of summoning and enforcing the attendance of any person from any part of India and examining them on oath.
- It can also require the production of any document, receive evidence on affidavits, and issue commissions for the examination of witnesses and documents
- The Commission works to ensure that SCs are protected against discrimination and exploitation in various sectors, including employment, education, and access to resources.
- It looks into complaints regarding violations of rights and discrimination against SCs in different areas
- The NCSC reviews the working of the constitutional and other legal safeguards for SCs and recommends measures for their effective implementation.
- It suggests amendments to existing laws or the introduction of new legislation aimed at improving the status and welfare of SCs
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For Prelims: Current events of national and international importance
For Mains: GS-II: Government policies and intervention
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Previous Year Questions
Prelims 1.Consider the following statements about Particularly Vulnerable Tribal Groups (PVTGs) in India: (UPSC CSE 2019) 1. PVTGs reside in 18 states and one Union Territory. 2. A stagnant or declining population is one of the criteria for determining PVTG status. 3. There are 95 PVTGs officially notified in the country so far. 4. Irular and Konda Reddi tribes are included in the list of PVTGs. Which of the statements given above are correct? (a) 1, 2 and 3 (b) 2, 3 and 4 (c) 1, 2 and 4 (d) 1, 3 and 4 Answer (c)
Given this analysis, the correct statements are 1, 2, and 4 Mains 1.What are the two major legal initiatives by the state since independence addressing discrimination against Scheduled Tribes (STs)? (UPSC CSE 2017) |
