Criteria for SC Status in India

Criteria for SC Status in India

Subject:  Social Issue/Constitution

Context: The Supreme Court of India has sought the most recent position of the Union government on a batch of petitions challenging the Constitution (Scheduled Castes) Order of 1950, which allows only members of Hindu, Sikh and Buddhist religions to be recognised as SCs.

Concept :

• Paragraph 3 of the Constitution (Scheduled Castes) Order, 1950 states that no person who professes a religion different from Hindu (the Sikh or the Buddhist) religion shall be deemed to be a member of a Scheduled Caste.
• Constitution (Scheduled Castes) Order, 1950 was amended in 1956 and 1990 to include Sikhs and Buddhists in the list.

Schedule caste status in India

• The term “Scheduled Castes” has been defined in Article 366(24) as such the castes, races or tribes or parts of groups which are deemed under Article 341 to be scheduled castes for the purposes of this Constitution.
• Article 341(1) of the Indian Constitution gives the president the power to notify which castes in the country, and in specific states come under the category of Scheduled Castes.
• Under article 341 (2) of the Constitution the power to make changes to the SC and ST list lies with the Parliament and not state legislatures. Any change in the lists of the Scheduled Castes and Tribes requires a constitutional amendment.
• Only proposals agreed upon by both the Registrar General of India and the National Commission for Scheduled Castes are introduced as a Bill in Parliament.
• However, approval from RGI has done away with the rules framed in 1999.
• The general criteria for inclusion in the SC list are extremely social, educational and economic backwardness arising out of the traditional practice of untouchability( not explicitly given in the constitution).
• Scheduled Castes are   those   castes   named   in   the   Constitution (Scheduled   Castes)   order   of   the Government of India, promulgated in August 1950.