General

Constitution (Scheduled Castes) Order (Amendment) Act, 2021

BE it enacted by Parliament in the Seventy-second Year of the Republic of India as
follows:—
1. (1) This Act may be called the Constitution (Scheduled Castes) Order (Amendment)
Act, 2021.

Download Order:- Constitution (Scheduled Castes) Order (Amendment) Act, 2021

Definition of Scheduled Caste/Scheduled Tribe

Articles 341 and 342 of the Constitution of India define as to who would be Scheduled
Castes and Scheduled Tribes with respect to any State or Union Territory. The relevant Constitutional articles are quoted below :-
Article 341.—(1) The President may with respect to any State or Union Territory and
where it is a State after consultation with the Governor thereof, by public notification specify
the castes, races or tribes or .parts of or groups within castes, races or tribes which shall for the
purposes of this Constitution be deemed to be Scheduled Castes in relation to that State . or
Union Territory, as the case may be.
(2) Parliament may by law include in or exclude from the list of Scheduled Castes specified in a notification issued under clause of any caste, race or tribe or part of or group within_
any caste, race or tribe, but save as aforesaid a notification issued under the said clause shall
not be varied by any subsequent notification.
Article 342. Scheduled Tribes—(1) The President may with respect to any State or. Union
Territory and where it is a State, after consultation with the Governor thereof by public notification, specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purpose of this Constitution be deemed to be Scheduled Tribes in
relation to that State or Union Territory, as the case may be.
(2) Parliament may by law include in or exclude from the list of Scheduled Tribes specified in a notification issued under clause (1) any tribe or tribal community or part of or group
within any tribe or tribal community, but save as aforesaid a notification issued under ‘the said
clause shall not be varied by any subsequent notification.

Reservation in Services/ Posts.

The relevant Articles of the Constitution which govern
the entire reservation set up are the following :-
Article 16(4) “Nothing in this Article shall prevent the State from making any provision for
the reservation of appointments or posts in favor of any backward class of citizens which, in the
opinion of the State, is not adequately represented in the services under the State.”
Article 46 “The State shall promote with special care the educational and economic interests
of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.”
Article 335 “The claims of the members of the Scheduled Castes and the Scheduled Tribes
shall be taken into consideration, consistently with the maintenance of efficiency of administration,
in the making of appointments to services and posts in connection with • the affairs of the Union
or of a State.”

SPECIAL REPRESENTATION IN SERVICES FOR SC/ST

CONSTITUTIONAL PROVISIONS   

Download :-chapter -11 Constitution of India