Scheduled Castes and Scheduled Tribes: Constitutional Provisions and Commissions

TOPIC CLASSIFICATION

Subject: Polity - Constitutional Bodies, Social Justice
Sub-topic: SC/ST - Constitutional Provisions (Art. 15-17, 330-342, 244, 275), National Commissions (NCSC, NCST), Reservation Policy, Protection of Civil Rights Act, PoA Act, Landmark Judgments
Mains GS Paper-II: Social Justice - SC/ST welfare, constitutional safeguards, commissions for SC/ST, reservation policy.

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EXAMINER REASONING

The constitutional framework for Scheduled Castes (SCs) and Scheduled Tribes (STs) is one of the most tested areas in UPSC. Prelims tests: Art. 341 (SCs), Art. 342 (STs), Art. 338 (NCSC), Art. 338A (NCST), Art. 15(4), 16(4), 46, 244, 275, 330, 332. Mains demands: (a) the distinction between SCs and STs - different constitutional provisions, different commissions, different criteria (untouchability vs. tribal isolation), (b) the working of the National Commissions - NCSC and NCST - powers, binding nature of recommendations, (c) reservation policy - Art. 15(4) and 16(4) - creamy layer for SC/ST (Indra Sawhney, Nagaraj, Jarnail Singh), (d) land rights and forest rights - Art. 244 (Fifth and Sixth Schedules), FRA 2006, (e) SC/ST (Prevention of Atrocities) Act, 1989 - amendments, judicial scrutiny. The examiner's favourite framing is: "Has the constitutional framework for SC/ST empowerment achieved its objectives?"

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Core Concept

Constitutional Provisions...