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Specification of ST/ SC and OBC
«18-Dec-2024
Introduction
- In India, the terms Scheduled Tribes (STs), Scheduled Castes (SCs), and Other Backward Classes (OBCs) refer to specific groups of people recognized by the government for affirmative action and social justice.
- These classifications are essential for implementing various welfare schemes, reservations in education and employment, and ensuring that marginalized communities receive the support they need to thrive.
Scheduled Tribes
- Definition:
- STs are communities that are recognized as indigenous or tribal populations.
- They are typically characterized by their distinct culture, language, and social practices.
- Criteria for Classification:
- Cultural Identity:
- Communities that have a unique cultural heritage and traditional practices.
- Geographical Isolation:
- Tribes that are often found in remote or forested areas.
- Economic Vulnerability:
- Communities that face economic disadvantages and lack access to basic amenities.
- Cultural Identity:
- Significance
- The recognition of STs is crucial for preserving their cultural identity and ensuring their rights over land and resources.
- The government provides various schemes for education, health, and economic development specifically aimed at STs.
Scheduled Castes
- Definition:
- SCs are groups that have historically faced social discrimination and exclusion based on the caste system.
- They are often referred to as "Dalits."
- Criteria for Classification:
- Historical Discrimination:
- Communities that have been subjected to untouchability and social ostracism.
- Socio-Economic Status:
- Groups that exhibit low socio-economic indicators, such as poverty and illiteracy.
- Historical Discrimination:
- Significance:
- The SC classification is vital for implementing affirmative action policies that aim to uplift these communities.
- Reservations in educational institutions and government jobs are provided to ensure better representation and opportunities.
Other Backward Classes
- Definition:
- OBCs are communities that are socially and educationally backward but do not fall under the SC or ST categories.
- Criteria for Classification:
- Social and Educational Backwardness:
- Communities that have lower access to education and employment opportunities.
- Economic Disadvantage:
- Groups that face economic challenges but are not classified as SC or ST.
- Significance:
- OBCs are provided with reservations in educational institutions and government jobs to enhance their socio-economic status.
- The classification helps in addressing the disparities faced by these communities.
Articles under the Constitution of India Based on ST/SC and OBC
- Article 341: Scheduled Castes:
- Presidential Powers:
- The President has the authority to specify Scheduled Castes through public notification:
- This applies to any State or Union territory.
- For States, consultation with the Governor is mandatory.
- The notification identifies castes, races, tribes, or parts/groups within them.
- The President has the authority to specify Scheduled Castes through public notification:
- Parliamentary Powers:
- Parliament may modify the Scheduled Castes list through law:
- Can include new castes, races, or tribes.
- Can exclude existing castes, races, or tribes.
- Can modify parts or groups within them.
- Parliament may modify the Scheduled Castes list through law:
- Restriction: No modification of the original notification through subsequent notifications except by Parliament.
- Presidential Powers:
- Article 342: Scheduled Tribes:
- Presidential Powers:
- The President has the authority to specify Scheduled Tribes through public notification:
- Applies to any State or Union territory.
- For States, consultation with the Governor is mandatory.
- The notification identifies tribes, tribal communities, or parts/groups within them.
- The President has the authority to specify Scheduled Tribes through public notification:
- Parliamentary Powers:
- Parliament may modify the Scheduled Tribes list through law:
- Can include new tribes or tribal communities.
- Can exclude existing tribes or tribal communities.
- Can modify parts or groups within them.
- Parliament may modify the Scheduled Tribes list through law:
- Restriction: No modification of the original notification through subsequent notifications except by Parliament.
- Presidential Powers:
- Article 342A: Socially and Educationally Backward Classes
- Presidential Powers:
- The President has the authority to specify socially and educationally backward classes:
- Creates and maintains the Central List.
- Applies to any State or Union territory.
- For States, consultation with Governor is mandatory.
- The President has the authority to specify socially and educationally backward classes:
- Parliamentary Powers:
- Parliament may modify the Central List through law:
- Can include new backward classes.
- Can exclude existing backward classes.
- Parliament may modify the Central List through law:
- Restriction: No modification of the original notification through subsequent notifications except by Parliament.
- Presidential Powers:
Government Policies and Schemes
- The Indian government has implemented various policies to promote the welfare of ST, SC, and OBC communities, including:
- Reservation in Education:
- A certain percentage of seats are reserved for these communities in educational institutions.
- Employment Quotas:
- Reservations in government jobs to ensure representation.
- Financial Assistance:
- Scholarships and financial aid for students from these communities.
- Reservation in Education:
Development Programs
- Several development programs focus on improving the living conditions and socio-economic status of ST, SC, and OBC populations, such as:
- Skill Development Initiatives:
- Training programs to enhance employability.
- Health and Nutrition Schemes:
- Programs aimed at improving health outcomes.
- Skill Development Initiatives:
Major Cases on Reservation in India
- State of Madras v. Champakam Dorairajan (1951):
- The Supreme Court ruled that caste-based reservations in educational institutions violated Article 29(2) of the Constitution.
- B. Venkataramana v. State of Madras (1951):
- Declared caste-based reservations in public services unconstitutional under Articles 16(1) and 16(2).
- M.R. Balaji v. State of Mysore (1963):
- The Supreme Court set a 50% cap on reservations and ruled that excessive reservations violated Article 15(4).
- T. Devadasan v. Union of India (1964):
- The Court invalidated the carry-forward rule for unfilled reserved vacancies, asserting it violated equal opportunity principles.
- State of Kerala v. N.M. Thomas (1976):
- Upheld relaxation in qualifying marks for SC/ST candidates, shifting the interpretation towards substantive equality.
- Indra Sawhney v. Union of India (1992):
- The landmark decision upheld OBC reservations but ruled against reservations in promotions. Also reiterated the 50% cap on total reservations.
- Union of India v. Virpal Singh Chauhan (1995):
- Introduced the catch-up rule for general category candidates in promotions.
- Ajit Singh Januja v. State of Punjab (1996):
- Emphasized balancing reservations with administrative efficiency, reinforcing the catch-up rule.
- S. Vinod Kumar v. Union of India (1996):
- Held that relaxation in qualifying marks for promotions for SC/ST candidates violated the equality principle.
- M. Nagaraj v. Union of India (2006):
- Upheld constitutional amendments allowing reservations in promotions with consequential seniority, provided they don't impact administrative efficiency.
- Ashok Kumar Thakur v. Union of India (2008):
- Upheld the 27% reservation for OBCs in higher education but excluded the creamy layer from its ambit.
- Jarnail Singh v. Lachhmi Narain Gupta (2018):
- The Supreme Court reiterated the need to exclude the creamy layer among SC/ST for reservation benefits.
- BK Pavitra (II) v. State of Karnataka (2019):
- Upheld consequential seniority for SC/ST employees in promotions, reinforcing the principle of substantive equality.
- Maratha Quota Case (Dr. Jaishri Laxmanrao Patil v. Chief Minister, Maharashtra) (2021):
- The Supreme Court struck down Maharashtra's law granting reservations to the Maratha community, ruling it breached the 50% cap set by Indra Sawhney.
- Neil Aurelio Nunes v. Union of India (2022):
- The Supreme Court upheld the constitutionality of the reservation system, reinforcing the principle of substantive equality.
Conclusion
The classification of ST/ SC and OBC is a critical aspect of India's social fabric. It serves as a framework for addressing historical injustices and promoting social equity. Through targeted policies and affirmative action, the government aims to uplift these communities and ensure their full participation in the nation's development. Understanding these specifications is essential for fostering an inclusive socie ty where every individual has the opportunity to succeed.