In order to realise the objectives of equality and justice as laid down in the Preamble, the Constitution makes special provisions for the scheduled castes (SCs), the scheduled tribes (STs), the backwardclasses (BCs) and the Minorities. These special provisions are contained in Part XVI of the Constitution from Articles 330 to 342. They are related to the following:

• Reservation in Legislatures
• Special Representation in Legislatures
• Reservation in Services and Posts
• Educational Grants
• Appointment of National Commissions
• Appointment of Commissions of Investigation

These special provisions can be classified into the following broad categories:

• Permanent and Temporary: Some of them are a permanent feature of the Constitution, while some others continue to operate only for a specified period.
• Protective and Developmental: Some of them aim at protecting these classes from all forms of injustice and exploitation, while some others aim at promoting their socio-economic interests.

 

Constitutional Provisions for SCs and STs:

The Indian Constitution prohibits discrimination against any class of people on the basis of religion, race, caste, gender, or place of birth (Article 15(1)). In order to achieve this aim, the Constitution prohibits communal representation and the reservation of seats in legislatures or public offices on the basis of religion.

The Directive Principles, on the other hand, enjoin the state to take great care in supporting the educational and economic interests of the society's weaker groups, particularly the Scheduled Castes and Scheduled Tribes, and to safeguard them against social injustice. Any such provision enacted by the state cannot be challenged on the basis of discrimination. Part III of the Constitution, too, guarantees Fundamental Rights and has numerous clauses protecting minority rights.

The following provisions have been made in the Constitution for welfare of the SC and ST:

• Article 15(4): It says that government can make special provisions for SCs and STs in the name of 'positive discrimination'.
• Article 17: It says that untouchability is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of untouchability shall be an offence punishable in accordance with law.
• Article 19(5): The right to move freely throughout the territory of India and the right to reside and settle in any part of territory of India can be restricted on the grounds of the protection of interests of STs.
• Article 330: Seats shall be reserved for the SCs and STs in the Lok Sabha.
• Article 332: Seats shall be reserved for the STs and SCs in the State Legislative Assemblies.
• Article 244(1): The provisions of fifth schedule shall apply to the administration and control of the schedule areas and schedule tribes in any state other than the states of Assam, Meghalaya, Tripura and Mizoram.
• Article 244(2): The provision of sixth schedule shall apply to the administration of tribal areas in the states of Assam, Meghalaya, Tripura and Mizoram.
• Article (164-A): The state is empowered to provide for reservation in promotion (with consequential seniority) to any services under the state in favour of SCs and STs.
• Article 46: It says that educational and economic interests of SCs and STs shall be protected and promoted.
• Article 164: says that in the states of Bihar, Madhya Pradesh and Orissa there shall be a minister incharge of tribal welfare who shall alsobe in charge of the welfare of SCs and other backward classes.
• Article 275: It provides for grants-in-aid to the states for promoting the welfare of Scheduled Tribes.
• Article 335: It says that claims of the members of SCs and STs shall be taken into consideration consistent with the maintenance of the efficiency in administration in appointments under the union and the states.
• Article 338: It says that there shall be a National Commission for SCs.
• Article 338A: It says that there shall be a National Commission for STs.

Constitutional Provisions for Minorities in India:

The Constitution of Indi lists down a few important mandates with regard to Minorities in India. Discussed below are the same in brief:

• Article 15 (1) & (2): Prohibition of discrimination against citizens on grounds of religion, race, caste, sex or place of birth
• Article 16(1) & (2): Citizens’ right to equality of opportunity in matters relating to employment or appointment to any office under the State
• Article 25(1): People’s freedom of conscience and right to freely profess, practise and propagate religion – subject to public order, morality and other Fundamental Rights
• Article 28: People’s freedom as to attendance at religious instruction or religious worship in educational institutions wholly maintained
• Article 30(1): Right of all religious and linguistic minorities to establish and administer educational institutions of their choice
• Article 30(2): Freedom of minority-managed educational institutions from discrimination in the matter of receiving aid from the State