Constitutional Provisions for SC & ST

Constitutional Provisions

The constitutional provisions for SC and ST are given below:

The Indian society is divided into four varnas, often referred as “Jatis or Casts”. At the lowest rung of the social hierarchy are ‘Sudras’ which has 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 the traditional social structure. These communities are called Scheduled Tribes in the Constitutions. As per the constitutional provisions (Article 341), the President of India shall prepare the list of such castes 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 castes 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 lies with Parliament and the court shall not consider the claims of any cast and community to be included in such lists.

Read Also: Ambedkar : The Crusader Against Caste System

The following are the measures prescribed in the Constitutional provisions 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 caste, 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 Constitutional provisions directs the State to protect the educational interests of the 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 the reservation  in services, keeping in mind the efficiency of the administration.
  6. The Article 338 of the constitutional provision (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 the 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, Chattisgarh, Orissa etc. which will be charged 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 the member of Scheduled Castes and Scheduled Tribes.

Also, Read:

Caste System of India & Anti-caste and untouchability movements

The caste system in India

24 COMMENTS

  1. Hi Kumar,

    Is still promotions are applicable in government jobs to SC and ST?If yes,is it applicable for both state level jobs and central level jobs?

    • Hi chinnu
      i just want to answer you. As per supreme court order reservation is not applicable in case of promation based on seniority. Promotion based on seniority is based on your work for both central and state government job. But there is still reservation for the promation based on the exam in the department for the personnel for the both state and central government jobs

  2. Hi chinnu i just want to answer you. As per supreme court order reservation is not applicable in case of promation based on seniority. Promotion based on seniority is based on your work for both central and state government job. But there is still reservation for the promation based on the exam in the department for the personnel for the both state and central government jobs.

  3. Sir Job m reservation toh thik hein but Promotion m bhi reservation. Iska Matlab Upper catse hona ek crime hein jo ki uski jagah uske Junior ko promote kiya jata hein. Desh k Constitution s logo ka visbas nahi raha. Ek IAS.IPS.IFS ya k Children ko Reservation milna kaha ka justice hein .Mein Apne constitution s faith khol chuka hu Sab vote Bank nothing more then.

    • Who started the division of people with same colour blood into categories of higher class, lower class, untouchables etc., if its so divided why people followed it for centuries? because they were comfortable with this system till now and the constitution is the only weapon which provided hope to the weaker sections to develop. Now people started feeling that the lower classes are developing in education, jobs and other areas which was not expected by the creators of the caste system and the upper caste people are not able to digest it. Its not the vote bank or something, all you people are speaking about the individual issues. Have a survey all over the country and then get into the picture what percentage of people from backward classes are developed and if reaches any where near to the percentage of developed classes, then its the good time to remove the system of reservation.

      • The term Reservation is used by our great leaders/social reformers after India being independent is they want everyone to be given the right education. Because those who were deprived of the education, Reservation will pave a way to uplift their lives. since it used to be a legacy enjoyed by a few, with the rise in number of literacy statistics their aim was to make our country move forward in all directions making people a part of it. Motto of education is to open the doors of mind towards wisdom and great knowledge. No one is against the reservation being provided, but it is deviating from the main purpose it was intended to serve.

        It is being used to uplift one section of the society at the cost of another, which is not fair.

        I can give N number of instances, hope fully three things can make it clear for you
        1.) (a)when a guy belonging to the caste of Sc/St is eligible to take most of the exams for free or paying far less than other caste is acceptable, only when no parent of him is a employee of Government or a tax payee— because there are economically backward people in every caste, you cant blindly give waiver to one in the name of caste, who might be having a great money.
        (b) No age limit for certain castes and certain relaxation for other castes,no restrictions in the number of attempts , Number of attempts are also limited and age criteria for certain posts is very low for the so called unreserved. Don’t you think then there is a social injustice being done to some in the name of caste.

        2.) I accept with the point of going with the statistics….according to the 2011 census the percentage base of population is 16.2% -Sc, 8.2%-St, 41%-Obc. Approximately 66% population of our country are reserved and they were to participate in the unreserved seats of government colleges and jobs.

        After 69 years of independence the reservation is still not reaching to the people at grass levels, where all state governments are giving reservation in jobs along with central government giving reservations in jobs and education, with top being Tamil Nadu-69% and still underdeveloped country and still underdeveloped people.

        why is this happening, is this because of the other caste people or you doing it voluntarily to yourself, because now there are guys from Sc/St/Obc who are really well settled and are happy with system and comfortable, they are not ready to leave the reservation for the people of same community instead their children are enjoying the fruits, being put in to corporate colleges and again enjoying the benefits from government…. Reservation is not for the kids of software, government employees and others having a good social status and well settled— there are many who are talented and jobless

        3.) Do you think giving reservation means selecting unfit candidate to qualify for some thing which he is really not capable of
        (i) An engineering college of top rank will give seat basing on rank as below
        oc- rank up to 100
        bc- rank up to 1000
        sc- rank up to 5000
        st – rank up to 10000
        so a 10000 rank guy has given chance with the same guy who gets top rank.

        Gate exam will be taken by all
        now comes bigger disparity :cut off
        oc-28
        bc-18
        sc-08
        st -06
        this is technical work boss now they will make creations and with not enough knowledge he is going to kill enough people… are you OK with it.

        and if it is a doctor is it OK risking many lives….

        Do understand knowledge is important to all to perish in life… we don’t say no to reservation, fill all seats with the same mark enough,our country will develop.

        • Boss u r giving cut off marks for qualifying in exam, i too agree with u but, u people also come and get education in govt school where not even basic facilities not available and not in international concept schools where centralised AIR condition classes and bath room are available and then talk about cut off marks,

  4. I belongs to SC but I’m againts the quota system when medical jobs are recruiting like Docter,Nurse etc..

    • u said ur SC
      but in that untouchables, depressed classes, dalits please give in which you are belongs. it will give the answer

  5. sir,
    i belong to a distt with 96% ST and rest of the 4% are categorized as LCA and RBA. There is none holidng SC in our distt. But the administration always keep reservations for SC in our distt quota of jobs and those are enjoyed by the residents of other distts.
    is it fair acc. to law.
    as our diss is a non SC distt

  6. Very helpful site….I want to improve my writing skills and has problem while attempting international relations questions plzz help me out
    Thanx

  7. Reservation ka mudda ghabhir hai, in dino bbhut se log kehrhe h resivation ko band kro, jati ka bhed bhav sikhata h ye, par ye jati ka bhed humne nhi kiya ye to hazro salo se bhramanwadiyo ne btya h Rigvad me mentioned h k brahma k pairo se shrud or lower cast ka janam hua h, to unhi hazaro salo se logo ka shoshan kiya gya braanwad ne, aaj bs aajadi k 67 yers me resirvation jo mila h usse thode logo ki condition thik hui h par jo ki bhut kam h, aree tum log zamini level pe jake dekho k sc st ki halat kitni battar h, humare log thode aage kya ane lage ye pandito ko hazm nhi ho rha h wo hota h na ke koi neeche jati ka upper kaise jane laga to, logo ko bata rhe h k isse arthik adhr par kar diya jaya, par aaj jo sc st ka bannde ki condition thodi thik hui to uske peeche bhi uska struggle haur uske purvazo ne bhi atyachar sahe h to resirvation milna uska haq hai, desh me keval 4% brahman h lkin pure desh ko ghumrah kr rhe h obc ko hindu bolke apne hatiyar k tour par use kiya jaa rha h,..
    Sabse bada atankwad Brahmanwad.

  8. Prafull ,

    Your interpretation of Sudra is incorrect and meas leading. Sudra does mean Scheduled Caste and SC does not mean Gandhi’s Harijan (Harijan simply means bastard born of Deva Dasi). Scheduled Caste means out caste ( not included in 4 varnas) and Sudra means, the present Other Backward Classes(OBC)who had the privilege to serve the other 3 Varnas. You may refer Dr. B. R. Ambedkar’s writing and speaches namely 1.”” Who are the Untouchables and how they became untouchable”” and another vol. “”Who are Sudras and how they became Sudra.””

  9. Your interpretation of Sudra is incorrect and misleading. Sudra does mean Scheduled Caste and SC does not mean Gandhi’s Harijan (Harijan simply means bastard born of Deva Dasi). Scheduled Caste means out caste ( not included in 4 varnas) and Sudra means, the present Other Backward Classes(OBC)who had the privilege to serve the other 3 Varnas. You may refer Dr. B. R. Ambedkar’s writing and speaches namely 1.”” Who are the Untouchables and how they became untouchable”” and another vol. “”Who are Sudras and how they became Sudra.””

  10. this whole thing is non sense according to me because many mean people misuse it and they get admission in great collages like IIT and many smart people do not get admission. they actually worth it

  11. This whole thing is non sense according to me because many mean people misuse it and they get admission in great collages like IIT and many smart people do not get admission. they actually worth it. this in not fair according to me

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