Rights of Scheduled Castes and Scheduled Tribes in India: Constitutional Provisions and Commissions

India’s Constitution makers recognized that centuries of discrimination had left Scheduled Castes and Scheduled Tribes severely disadvantaged. These communities faced social exclusion, economic deprivation, and denial of basic rights. To address this historical injustice, the Constitution established comprehensive safeguards and protections. Understanding these provisions is essential for anyone studying human rights and social justice in India.

The historical burden of discrimination 🔗

Scheduled Castes, historically subjected to untouchability, faced severe social disabilities based on their birth in certain castes. Mahatma Gandhi called untouchability the “greatest blot on Hinduism” and advocated for social reforms to uplift these communities. Scheduled Tribes, living in remote and isolated areas, were similarly marginalized due to geographic isolation and lack of access to resources.

During India’s freedom movement, leaders like Gandhi and Dr. B.R. Ambedkar brought the plight of these communities to national attention. Their advocacy ensured that independent India would not perpetuate these injustices but would instead actively work to eliminate them through constitutional guarantees.

Abolishing untouchability through Article 17 🔗

Article 17 abolishes untouchability in all its forms and makes its practice a punishable offense. This provision is unique because it applies to both the state and private individuals, meaning even private citizens cannot practice untouchability. The state has a constitutional obligation to take immediate action when this right is violated.

To give effect to Article 17, Parliament enacted the Protection of Civil Rights Act in 1955, which criminalizes untouchability practices. The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act was brought into force on January 31, 1990, providing for special courts and harsher punishments for atrocities against SC and ST communities. These laws establish special courts for speedy trials and impose strict penalties on offenders.

Ensuring equality before the law 🔗

Articles 14, 15, and 16 form the constitutional foundation for equality. Article 14 guarantees equality before the law, while Article 15 prohibits discrimination on grounds of caste. Article 16 ensures equal opportunity in public employment. Together, these provisions empower the state to make special provisions for Scheduled Castes and Scheduled Tribes to promote substantive equality and social justice.

Reservation in education and employment 🔗

The Constitution permits affirmative action through reservations to address historical disadvantages. Article 15(4) was inserted through the First Amendment in 1951, allowing the state to make special provisions for the advancement of socially and educationally backward classes, including SC and ST communities.

Article 16(4) enables reservation in government appointments and posts for backward classes not adequately represented in state services. This provision has been strengthened through subsequent amendments. The 77th Amendment introduced Article 16(4A) in 1995, permitting reservations in promotions for SC and ST employees. The 85th Amendment provided for consequential seniority for promoted SC and ST candidates.

Balancing reservations with administrative efficiency 🔗

Article 335 requires that claims of SC and ST members to services and posts be taken into consideration consistently with maintaining administrative efficiency. The Supreme Court has interpreted this to mean that reservation policies must satisfy three requirements: demonstrating the backwardness of the community, proving inadequate representation in public employment, and maintaining overall administrative efficiency.

Currently, 15% seats are reserved for SCs and 7.5% for STs at the central level in direct recruitment through open competition.

Political representation in legislatures 🔗

Article 330 mandates reservation of seats for Scheduled Castes and Scheduled Tribes in the Lok Sabha, with the number of reserved seats proportional to their population in each state. Similarly, Article 332 provides for reservation in State Legislative Assemblies.

These reservations were initially intended to last only ten years from the Constitution’s commencement. However, recognizing that discrimination cannot be eliminated quickly, Parliament has repeatedly extended this period through constitutional amendments, most recently until 2030 through the 104th Amendment.

Reservation in local bodies 🔗

Article 243D provides for reservation of seats for SCs and STs in Panchayats, ensuring their representation in rural local governance. Article 243T ensures similar reservations in municipalities for urban local bodies. A portion of these reserved seats is further reserved for women from SC and ST communities, promoting both gender equity and social justice.

Special provisions for tribal areas 🔗

The Fifth Schedule applies to scheduled areas in ten states including Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, and Telangana. Under this schedule, the Governor has special powers to regulate laws applicable to these areas and to protect tribal land and resources.

The Sixth Schedule applies to tribal areas in Assam, Meghalaya, Tripura, and Mizoram, providing for autonomous district and regional councils. These councils have legislative, executive, and judicial powers over subjects like land, forests, village administration, inheritance, marriage, and social customs. The rationale behind this selective application lies in the distinct historical and cultural background of these northeastern regions, where many tribal communities had been self-governing long before British rule.

Differences between the Fifth and Sixth Schedules 🔗

The Fifth Schedule gives the Governor special regulatory powers, while the Sixth Schedule emphasizes tribal self-rule through autonomous councils. The Sixth Schedule councils can make laws on specified matters, establish courts, and manage local administration independently. This greater autonomy reflects the framers’ commitment to preserving the unique cultural and political identity of northeastern tribal communities.

National Commissions for safeguarding rights 🔗

Originally, Article 338 provided for a single Special Officer for Scheduled Castes and Scheduled Tribes. The 65th Amendment in 1990 replaced this with a multi-member National Commission for SCs and STs. The 89th Amendment in 2003 bifurcated this into two separate commissions, establishing the National Commission for Scheduled Castes under Article 338 and the National Commission for Scheduled Tribes under Article 338A.

Both commissions consist of a chairperson, vice-chairperson, and three other members appointed by the President. Their primary functions include investigating matters relating to constitutional safeguards, inquiring into specific complaints of rights deprivation, participating in planning processes for socio-economic development, and presenting annual reports to the President on the working of these safeguards.

Powers and functioning of the commissions 🔗

The commissions have powers similar to a civil court, including summoning and examining witnesses, receiving evidence, and requisitioning public records. The central and state governments must consult these commissions on all major policy matters affecting Scheduled Castes and Scheduled Tribes. The President places the commission reports before Parliament along with a memorandum explaining actions taken and reasons for non-acceptance of any recommendations.

What do you think? How effectively have constitutional provisions translated into real improvements in the lives of SC and ST communities? What additional measures might be needed to ensure these safeguards achieve their intended purpose of creating a truly egalitarian society?

References

1. https://lawbhoomi.com/abolition-of-untouchability-under-article-17/
2. https://www.constitutionofindia.net/articles/article-17-abolition-of-untouchability/
3. https://socialjustice.gov.in/writereaddata/UploadFile/34031702544462.pdf
4. https://www.drishtiias.com/to-the-points/Paper2/reservation-in-india
5. https://www.tnpscthervupettagam.com/article-detail/reservation-policy
6. https://testbook.com/constitutional-articles/article-330-of-indian-constitution
7. https://iasorigin.com/part-xvi-of-the-indian-constitution-articles-330-to-342/
8. https://byjus.com/free-ias-prep/sixth-schedule/
9. https://en.wikipedia.org/wiki/National_Commission_for_Scheduled_Castes