Gov Booklet 19-3

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1.

SCHEDULED CASTE AND SCHEDULED TRIBES


1) CONSTITUTIONAL PROVISIONS

A) SOCIAL RIGHTS AND SAFEGUARDS


1. Article 17: Abolition of Untouchability and its practice in any form is forbidden
2. Article 19(5) : Restriction on Free Movement for protection of STs. The right to move freely
throughout the territory of India and the right to reside and settle in any part of the territory of India
can be restricted on the ground of the protection of interests of the STs.
3. Article 23 : Traffic in human beings and forced labour are prohibited
4. Article 25(2)(b) : The state is empowered to throw open Hindu religious institutions of public
character to all classes and section of Hindus
5. Article 46 : The state shall promote with special case the educational and economic interest of the
SCs and STs and shall protect them from social injustice and all forms of exploitation

B) EDUCATIONAL/ECONOMIC RIGHTS AND SAFEGUARDS


1. Article 15(4): The state is empowered to make any special provisions for the advancement of SCs
and STs.
2. Article 15(5): The state is empowered to make any special provisions for the advancement of SCs
and STs regarding their admission to educational institutions including private educational
institutions (weather aided or unaided by the state), except the minority educational institutions.
3. Article 46: The state shall promote with special case the educational and economic interest of the
SCs and STs and shall protect them from social injustice and all forms of exploitation

C) SERVICE RIGHTS AND SAFEGUARDS


1. Article 16(4-A): The state is empowered to provide for reservation in promotions (with
consequential seniority) to any services under the state in favour of the SCs and STs.
2. Article 320(4): While taking into consideration the claims of SCs and STs in making appointment to
the services of the Centre and the states, the consultation with the respective public service
commission (UPSC or SPSC) shall not be required.
3. Article 335 : The claims of SCs and STs shall be taken into consideration (consistently with the
maintenance of efficiency of administration) in making appointments to the public services of the
centre and the states.

D) POLITICAL RIGHTS AND SAFEGUARDS


1. Article 243-D(1): Seats shall be reserved for SCs and STs in every Panchayat in proportion of their
population (i.e. at all three levels)
2. Article 243-D(4) : The offices of the chairpersons in the Panchayats at the village or any other level
shall be reserved for the SCs and STs in proportion of their population.

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