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Special Provision for Certain Class Notes with PDF

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Constitutional Provisions

Relevant Parts and Articles of the Constitution

  • Part XVI (Articles 330-342): Deals with special provisions for certain classes like Scheduled Castes (SCs), Scheduled Tribes (STs), and Anglo-Indians.
  • Article 243(D): Provides for reservation of seats for SCs and STs in Panchayats.
  • Article 330: Provides for reservation of seats for SCs and STs in the Lok Sabha.
  • Article 331: Provides for the nomination of members from the Anglo-Indian community to the Lok Sabha if not adequately represented.
  • Article 333: Provides for the nomination of members from the Anglo-Indian community to State Legislative Assemblies if not adequately represented.
  • Article 334: Originally set a time limit for the provisions of reservation and nomination, which has been periodically extended.

Definition and Listing of SCs/STs

  • The President issues the official lists of SCs and STs for each state, after consulting the Governor.
  • A tribe can be declared as a Scheduled Tribe for only a part of a State.
  • The Scheduled Tribe status is religiously neutral; it is not restricted to followers of any particular religion.
  • The authority to specify which castes shall be deemed as Scheduled Castes rests with the President.
  • As of a 2007 amendment, the number of castes in the list of Scheduled Castes is 1,206.
  • The definition of the term ‘Minority’ is not given in the Constitution of India.

Political Representation

  • There is no reservation for any caste in the Rajya Sabha (Upper House of Parliament).

Constitutional and Statutory Bodies

Constitutional Bodies

  • National Commission for Scheduled Tribes (NCST): A constitutional body established under Article 338-A.
  • Separate Scheduled Tribe Commission: Refers to the NCST, established under Article 338-A.

Statutory Bodies (Established by an Act of Parliament)

  • The Minority Commission (National Commission for Minorities) is not a constitutional body; it is a statutory body.
  • The National Human Rights Commission (NHRC) is a statutory body.

Important Legislations and Acts

Sub-topic: The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

  • Scope of Offender: Offences under this Act can only be committed by a person who is not a member of an SC or ST.
  • Key Definitions:
    • “Victim” is defined under Section 2(ec).
    • “Dependent” is defined under Section 2(bb).
    • “Economic boycott” is defined under Section 2(bc).
  • Judicial Process:
    • Provides for the establishment of “Exclusive Special Courts” to try offences under this Act, as defined under Section 14.
  • Investigation:
    • An investigation officer must submit his report within 30 days for offenses committed.
  • Specific Offence:
    • A non-SC/ST person causing harm to an SC/ST person on the allegation of witchcraft is punishable with imprisonment for a term not less than six months but which may extend to five years and with a fine.

Sub-topic: The Protection of Civil Rights Act, 1955

  • The power of a State Government to impose a collective fine is provided under Section 14A.

Sub-topic: Acts Related to Other Groups

  • The National Commission for Minorities Act was passed in 1993.
  • The National Commission for Backward Classes Act was passed in 1993.
  • The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act was passed in 1995.
  • The Child Labour (Prohibition and Regulation) Act was passed in 1986.

Administration and Committees

Administrative Rules

  • Under the Scheduled Tribes Rules, 1995, the provision for ‘Material for Annual Report’ is given in Section 24.

Committees

  • The Hashim Committee was set up for the identification of Below Poverty Line (BPL) families in Urban Areas.

Miscellaneous Significant Facts

Judiciary and Laws

  • The Supreme Court judgment regarding homosexuality is related to Section 377 of the Indian Penal Code (IPC), which was decriminalized.

Powers of Local Bodies

  • Zila Panchayats in Scheduled Areas have powers including:
    • Planning for minor water bodies.
    • Controlling institutions in all social sectors.
    • Controlling tribal sub-plans.
    • Exercising other functions conferred by the State Government.

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