Here are 30 important and potentially confusing facts about Special Provisions Relating to Certain Classes in India, which can help in your UPSC CSE preparation:
- Special Provisions for certain classes in India are aimed at promoting social justice and empowerment for groups that have historically been disadvantaged or marginalized, including Scheduled Castes (SCs), Scheduled Tribes (STs), Other Backward Classes (OBCs), and Economically Weaker Sections (EWS).
- Article 15 of the Indian Constitution allows the State to make special provisions for the advancement of SCs, STs, and OBCs in educational institutions, government jobs, and other areas.
- Article 46 directs the State to promote the educational and economic interests of Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs) and protect them from social injustice and exploitation.
- Reservation of Seats in educational institutions and government employment is one of the key provisions for these classes to ensure equity and social inclusion. Reservations are based on the Constitutional provisions and state-level policies.
- Scheduled Castes (SCs) and Scheduled Tribes (STs) are listed in the Scheduled Lists (Schedules 1 and 2 of the Constitution), which are specific to certain groups recognized for protection and affirmative action.
- Article 341 empowers the President of India to specify the Scheduled Castes (SCs) in the states and union territories, while Article 342 allows for the declaration of Scheduled Tribes (STs).
- Special Provisions for SCs include laws prohibiting untouchability (Article 17), with the aim of abolishing the practice and ensuring social equality.
- Scheduled Tribes (STs) have certain special provisions for their cultural preservation, land rights, and autonomous councils in certain regions to protect their distinct customs and way of life.
- The Constitution (One Hundred and Third Amendment) Act, 2019 provided for 10% reservation for Economically Weaker Sections (EWS) in general category candidates for admission to educational institutions and in government jobs.
- Article 330 provides for reservation of seats in the Lok Sabha for SCs and STs, ensuring that these communities are adequately represented in the lower house of Parliament.
- Article 332 provides for reservation of seats for SCs and STs in the Legislative Assemblies of states and Union Territories.
- The Provisions of the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA) extends the provisions of Panchayati Raj to Scheduled Areas, ensuring self-governance for tribals.
- Article 15(4) empowers the State to make special provisions for the advancement of SCs, STs, and OBCs in areas such as education and employment.
- Article 16(4) empowers the State to make reservations in appointments and posts for backward classes, including OBCs, in government employment.
- The National Commission for Scheduled Castes (NCSC), created under Article 338, is responsible for investigating and monitoring the constitutional safeguards provided to SCs and STs.
- The National Commission for Scheduled Tribes (NCST), created under Article 338A, has the same role for STs, ensuring that their rights and interests are protected.
- The Other Backward Classes (OBCs) were given special recognition in the Indira Sawhney case (1992), which led to the Mandal Commission Report recommending reservations for OBCs in government jobs and educational institutions.
- The Central List of OBCs contains a list of backward classes eligible for reservations in government jobs and educational institutions. Each state has its own state-specific list.
- Article 340 of the Constitution allows the President to appoint a Commission to investigate the conditions of backward classes and recommend measures for their advancement.
- The Constitution (Ninety-Third Amendment) Act, 2005 allowed the State to provide reservation for OBCs in private educational institutions (except those aided by the government).
- Article 46 mandates the government to promote the educational and economic interests of SCs, STs, and OBCs, and to prevent their exploitation.
- Special Provisions for Women: The Constitution makes provisions for the protection of women and their advancement, including laws against discrimination, sexual harassment, and provisions for maternity benefits and workplace safety.
- Article 15(3) allows the State to make special provisions for women to ensure their social and economic empowerment.
- The Scheduled Areas under Article 244 ensure that the rights of tribals and indigenous communities are protected, with special provisions for land rights and governance by tribal councils.
- The 5th and 6th Schedules of the Constitution provide special provisions for tribal areas, including the autonomy of local governance, customary laws, and land tenure systems.
- Article 335 allows the government to make special provisions for the appointment of SCs and STs in services, taking into account their educational backwardness.
- Article 338B of the Constitution provides for the National Commission for Backward Classes (NCBC), which monitors the welfare of OBCs, ensuring that they are adequately represented in government policies and services.
- The National Commission for Minorities (set up under the National Commission for Minorities Act, 1992) works for the protection of the interests of minority communities in India, which include Muslims, Christians, Sikhs, Buddhists, Jains, and Zoroastrians.
- Article 30 provides special provisions for minorities by ensuring their right to establish and administer educational institutions of their choice without interference from the State.
- The Supreme Court and High Courts have frequently interpreted and reinterpreted the provisions for special classes to ensure that these provisions are implemented effectively while balancing the interests of the general public.
Special provisions relating to certain classes in India are designed to promote social justice, ensure equal opportunities, and safeguard the interests of historically disadvantaged communities. Understanding these provisions is crucial for UPSC CSE exam preparation, particularly in the context of Indian Polity, Constitutional Law, and Social Justice.