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Various privileges are granted to SC and STs by the Constitution to safeguard and enhance the rights and integrity of the backward communities like the SCs, STs etc. in diverse aspects, encouraging them to blend into the nationwide mass. Backward communities like the Scheduled castes are the castes or races in the nation that endure massive social, educational, and economic inadequacies as a result of the years of the approach of untouchability.
Along with some other such practices, it led to a shortage of infrastructure and locational isolation. These communities require special emphasis to defend their interests and expedite their socio-economic advancement. According to the norms of Clause 1 of Article 341 of the Constitution, these communities were designated as Scheduled Castes, Scheduled Tribes etc. To know the provisions for backward classes in the Constitution of India read on.
THE PRIVILEGES GRANTED TO SC AND ST BY THE CONSTITUTION AND THE PROVISIONS FOR BACKWARD CLASSES IN THE CONSTITUTION OF INDIA
The thorough constitutional framework set up for the development of the SC, ST, and Other Backward Communities demonstrates the sincere commitment of the Constitution’s creators for their upliftment. Privileges granted to SC and STs by the Constitution are –
Untouchability is abolished under Article 17.
The Nation aims at promoting with special consideration the economic and educational interests of the underprivileged groups of society, particularly the SCs and STs, and should guard them against social inequality as well as all types of exploitation, as per Article 46 of the Constitution.
Article 15(4) of the Constitution grants reservation in educational facilities, whereas Articles 16(4), 16(4A), and 16(4B) of the Constitution provide for quota in offices and services.
Article 335 says that the concerns of individuals from Scheduled Castes and Tribes, as well as the upkeep of administrative efficiency, must be taken into account while making appointments to tasks and posts related to the Union’s or a State’s operations.
Article 338 asserts a National Commission for SCs and STs, tasked with investigating and surveilling all issues pertaining to the protection offered to them, investigating particular complaints, and partaking in and instructing on the socio-economic development planning process, among other things.
Seats for STs in Panchayats are designated under Article 243D.
STs have reserved seats in the House of the People under Article 330.
Article 332 establishes seat allocation for STs in State Legislative Assemblies.
Reservation of seats for SCs and STs in the State Vidhan Sabhas and Lok Sabha (and nomination of the Anglo-Indian Community in them) shall persist till January 2020, as per Article 334.
Article 23, which forbids human trafficking, begging, and some other sorts of forced labour, is particularly important for Scheduled Tribes. The Bonded Labour System (Abolition) Act, 1976 was established in accordance with this Article.
Likewise, Article 24, which forbids the exploitation of children under the age of 14 in any workplace, mine, or other unsafe occupation, is important for these communities because they account for a large amount of child labour exploited in these sectors.
Other particular protections are specified in Article 244 when read in conjunction with the Constitution’s Fifth and Sixth Schedules.
RIGHTS AND RESERVATIONS OF THE ANGLO-INDIANS AND MINORITIES
The Anglo-Indian minority in India can be dated back to the British East India Company’s official strategy of promoting its employees to marry local women.
The phrase “Anglo-Indian” was first used in the 1935 Government of India Act. Article366(2) of the Indian Constitution states in this regard “An Anglo-Indian means a person whose father or any of whose other male progenitors in the male line is or was of European descent but who is domiciled within the territory of India and is or was born within such territory of parents habitually resident therein and not established there for temporary purposes only…”
Article 331 states that if the Anglo-Indian community is underrepresented in the Lok Sabha, the President may designate two members from the community.
Article 333 specifies that the Governor of a State may designate 1 member of the Anglo-Indian community to the Legislative Assembly if he deems that the group is underrepresented in the Assembly.
By inserting Article 334(b) in 1949, the quota allocation of the Anglo Indian group in the Legislative assembly was increased for 40 years.
However, the 126th Constitutional Amendment Bill of 2019, when implemented as the 104th Constitutional Amendment Act,2019, terminated the Anglo-Indian reserved seats in India’s Parliament and State Legislatures in January 2020.
CONCLUSION
This article discusses the privileges granted to SC and STs by the Constitution and the provisions for backward classes in the Constitution of India. The National Commission of SCs, a statutory authority, has also given institutionalised commitments to these groups of people. The Ministry of Social Justice and Empowerment is the primary ministry for the Scheduled Castes’ affairs.
The Indian Constitution offers safeguards and protections for Scheduled Castes (SCs), Scheduled Tribes (STs), and other backward classes, be it specifically or by asserting their public rights as civilians, with the goal of boosting their economic and educational aspirations and eliminating social barriers.
However, all Central Ministries and State Governments have the main authority for boosting the welfare of the backward classes in their fields of responsibility. The Ministry amplifies their initiatives by intervening in important domains through carefully crafted programs.
The Ministry’s Scheduled Castes Development (SCD) Bureau operates to enhance the status of Scheduled Castes by offering learning, economic, and social opportunities. State governments and central ministries are also scrutinised for their attempt to safeguard and support the needs of Scheduled Castes.
