States cannot tinker with Scheduled Castes List
How is a community added or removed from SC, ST lists?
- The process begins at the level of a State or Union Territory, with the concerned government or administration seeking the addition or exclusion of a particular community from the SC or ST list.
- The final decision rests with the President’s office issuing a notification specifying the changes under powers vested in it from Articles 341 and 342.
- The inclusion or exclusion of any community in the Scheduled Tribes or Scheduled Castes list come into effect only after the President assents to a Bill that amends the Constitution (Scheduled Castes) Order, 1950 and the Constitution (Scheduled Tribes) Order, 1950, as is appropriate, after it is passed by both the Lok Sabha and Rajya Sabha.
- A State government may choose to recommend certain communities for addition or subtraction from the list of SCs/STs based on its discretion. This recommendation may come from studies it commissions.
- Following this, the proposal to include or remove any community from the Scheduled List is sent to the Union Ministry of Tribal Affairs from the concerned State government.
- After this, the Ministry of Tribal Affairs, through its own deliberations, examines the proposal, and sends it to the Registrar General of India (RGI). Once approved by the RGI, the proposal is sent to the National Commission for Scheduled Castes or National Commission for Scheduled Tribes, following which the proposal is sent back to the Union government, which after inter-ministerial deliberations, introduces it in the Cabinet for final approval.
What is the criteria to begin the process?
- To establish whether a community is a Scheduled Tribe, the government looks at several criteria, including its:
- ethnological traits,
- traditional characteristics,
- distinctive culture,
- geographical isolation and
- backwardness.
How many Scheduled Tribes are there officially?
- According to the Census 2011, about 705 ethnic groups are listed as Scheduled Tribes under Article 342.
- Over 10 crore Indians are notified as STs, of which 1.04 crore live in urban areas. The STs constitute 8.6% of the population.
Why in News?
- The Supreme Court has held that States cannot tinker with the Scheduled Castes List notified under Article 341 of the Constitution.
- The court held that any inclusion or exclusion of any caste, race or tribe or part of or group within the castes, races or tribes has to be, by law made by the Parliament, and not by any other mode or manner.
Subscribe
Login
0 Comments