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Polity & Governance
Mahesh

02/08/24 11:18 AM IST

Sub-classification of SC, ST

In News
  • In a landmark judgement, a seven-judge Bench of the Supreme Court reframed how the Scheduled Castes (SC) and Scheduled Tribes (ST) quota may operate.
Constitutional Provisions
  • Article 341 of the Constitution allows the President, through a public notification, to list as SC “castes, races or tribes” that suffered from the historical injustice of untouchability.
  • SC groups are jointly accorded 15% reservation in education and public employment.
  • Over the years, some groups within the SC list have been underrepresented compared to others.
  • States have made attempts to extend more protection to these groups, but the issue has run into judicial scrutiny.
  • In 1975, Punjab issued a notification giving first preference in SC reservations to the Balmiki and Mazhabi Sikh communities, two of the most backward communities in the state.
  • This was challenged in 2004 after the apex court struck down a similar law in Andhra Pradesh in E V Chinnnaiah.
  • Article 341 only empowers the President to issue such a notification, and Parliament to make additions or deletions to the list.
  • The court also said that sub-classifying SCs violates the right to equality under Article 14.
Issues
  • Article 341(1) of the Constitution gives the President the power to “specify the castes, races or tribes” in a state, which shall “for the purposes of this Constitution be deemed to be Scheduled Castes in relation to that State or Union territory, as the case may be”.
  • Following such a notification, Article 341(2) states that only Parliament can include or exclude “any caste, race or tribe” from the list of SCs.
  • The court in E V Chinnaiah held that SC must be treated identically since the Constitution envisaged the same benefits for them, without taking into account their individual relative backwardness.
  • The CJI termed the Presidential list of SCs a “legal fiction” — something that does not exist in actuality but is “treated as real and existing for the purpose of law”.
  • A Scheduled Caste is not something that existed before the Constitution came into force, and is recognised so that benefits can be provided to communities in the list.
  • CJI Chandrachud said this legal fiction cannot be “stretched” to claim that there are no “internal differences” among SCs.
  • Articles 15(4) of the Constitution gives states the power to make “any special provision” for the advancement of SCs.
  • Article 16(4) gives states the specific power to provide “reservations of appointments or posts in favour of any backward class of citizens which…is not adequately represented in the services of the State”.
State by state, prominent tribal & Dalit communities
MAHARASHTRA
  • More than three dozen SC communities; Mahar and Matang are most prominent. Mahar are socio-politically proactive, with comparatively high literacy. Large numbers followed Dr BR Ambedkar in embracing Buddhism in 1956. Matang are the second largest SC community; majority are Hindu.
  • Gond, who live in Vidarbha, especially in Gadchiroli and Chandrapur districts, and Bhil, who are concentrated in North Maharashtra districts of Nandurbar, Nashik, and Dhule, are two largest tribes.
RAJASTHAN
  • 59 SCs in State List; Meghwal is largest SC community, spread across the state, but mainly in border districts of Bikaner, Jaisalmer, Barmer, Jodhpur. Bairwa and Jatav are dominant in eastern Rajasthan.
  • Meena are most dominant tribe; influence electoral outcome in dozens of Assembly seats. Community has significant presence in police and bureaucracy countrywide. Bhil, some of whom do not consider themselves Hindu, are dominant in Banswara and Dungarpur districts, and have of late rallied behind a new tribal party.
ODISHA
  • Tribals are 22.85% of state’s population and 9.17% to India’s tribal population (2011 Census).
  • State has 62 tribes and 13 other primitive tribes. Khond are numerically largest; live mostly in southern Odisha districts of Rayagada, Kandhamal, Kalahandi, Koraput. Santal are second largest tribal group, followed by Gond.
  • 93 SCs in state; 17.13% of total population (2011). Pan are dominant SC community, followed by Dom. Other SC communities include Dhoba, Ganda, Kandra, Bauri.
Source- Indian Express

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