THE CONSTITUTIONAL PRIVILEGES FOR THE TRIBAL IN INDIA - AN ARTICLE ARRANGED BY ASA/BCKV
THE
CONSTITUTION OF INDIA
Preamble
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a [1][SOVEREIGN
SOCIALIST SECULAR DEMOCRATIC REPUBLIC] and to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY
of thought, expression, belief, faith and worship;
EQUALITY of status and of
opportunity; and to promote among them all
FRATERNITY
assuring the dignity of the individual and the [2][unity
and integrity of the Nation];
IN OUR
CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT,
ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.
CONSTITUTIONAL
PROVISIONS FOR TRIBAL IN INDIA
PART III
FUNDAMENTAL RIGHTS
Right to Equality
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Definition
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Article
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Equality before law.
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14. The State shall not deny to any
person equality before the law or the equal protection of the laws within the
territory of India.
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Prohibition
of discrimination on
grounds of
religion, race, caste, sex or place of birth
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15. (1) The State shall not discriminate against any citizen on
grounds only of religion, race, caste, sex, place of birth or any of them.
(2) No citizen
shall, on grounds only of religion, race, caste, sex, place of birth or any
of them, be subject to any disability, liability, restriction or condition
with regard to –
(a) access to shops, public
restaurants, hotels and places of public entertainment; or
(b) the use of wells, tanks, bathing
ghats, roads and places of public resort maintained wholly or partly out of
State funds or dedicated to the use of the general public.
(3)Nothing in
this article shall prevent the State from making any special provision for
women and children.
[3][(4)
Nothing in this article or in clause (2) of article 29 shall prevent the
State from making any special provision for the advancement of any socially
and educationally backward classes of citizens or for the Scheduled Castes
and the Scheduled Tribes.]
[4][(5)
Nothing in this article or in sub-clause (g)
of clause (1) of article 19 shall prevent the State from making any special
provision, by law, for the advancement of any socially and educationally
backward classes of citizens or for the Scheduled Castes or the Scheduled
Tribes in so far as such special provisions relate to their admission to
educational institutions including private educational institutions, whether
aided or unaided by the State, other than the minority educational
institutions referred to in clause (1) of article 30.]
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Equality of
opportunity in matters of public employment.
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16. (1) There shall be equality of
opportunity for all citizens in matters relating to employment or appointment
to any office under the State.
(2) No citizen shall, on grounds only
of religion, race, caste, sex, descent, place of birth, residence or any of
them, be ineligible for, or discriminated against in respect of, any
employment or office under the State.
(3) Nothing in this article shall
prevent Parliament from making any law prescribing, in regard to a class or
classes of employment or appointment to an office [5][under
the Government of, or any local or other authority within, a State or Union
territory, any requirement as to residence within that State or Union
territory] prior to such employment or appointment.
(4) Nothing in this article shall
prevent the State from making any provision for the reservation of
appointments or posts in favour of any backward class of citizens which, in
the opinion of the State, is not adequately represented in the services under
the State.
[6][(4A) Nothing in this article shall
prevent the State from making any provision for reservation [7][in
matters of promotion, with consequential seniority, to any class] or classes
of posts in the services under the State in favour of the Scheduled Castes
and the Scheduled Tribes which, in the opinion of the State, are not
adequately represented in the services under the State.]
[8][(4B) Nothing in this article shall
prevent the State from considering any unfilled vacancies of a year which are
reserved for being filled up in that year in accordance with any provision
for reservation made under clause (4) or clause (4A) as a separate class of
vacancies to be filled up in any succeeding year or years and such class of
vacancies shall not be considered together with the vacancies of the year in
which they are being filled up for determining the ceiling of fifty per cent.
reservation on total number of vacancies of that year.]
(5) Nothing in
this article shall affect the operation of any law which provides that the
incumbent of an office in connection with the affairs of any religious or
denominational institution or any member of the governing body thereof shall
be a person professing a particular religion or belonging to a particular
denomination.
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Abolition of Untouchability
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17. “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.
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Abolition of titles.
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18. (1) No title, not being a military
or academic distinction, shall be conferred by the State.
(2) No citizen
of India shall accept any title from any foreign State.
(3) No person
who is not a citizen of India shall, while he holds any office of profit or
trust under the State, accept without the consent of the President any title
from any foreign State.
(4) No person
holding any office of profit or trust under the State shall, without the
consent of the President, accept any present, emolument, or office of any
kind from or under any foreign State.
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Protection against arrest and detention in certain
cases.
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22.
(1) No
person who is arrested shall be detained in custody without being informed,
as soon as may be, of the grounds for such arrest nor shall he be denied the
right to consult, and to be defended by, a legal practitioner of his choice.
(2) Every
person who is arrested and detained in custody shall be produced before the
nearest magistrate within a period of twenty-four hours of such arrest
excluding the time necessary for the journey from the place of arrest to the
court of the magistrate and no such person shall be detained in custody
beyond the said period without the authority of a magistrate.
(3) Nothing in clauses (1) and (2) shall apply—
(a) to any person who for the time
being is an enemy alien; or
(b) to any person who is arrested or
detained under any law providing for preventive detention.
**(4) No
law providing for preventive detention shall authorise the detention of a
person for a longer period than three months unless –
(a) an Advisory Board consisting of
persons who are, or have been, or are qualified to be appointed as, Judges of
a High Court has reported before the expiration of the said period of three
months that there is in its opinion sufficient cause for such detention:
Provided
that nothing in this sub-clause shall authorise the detention of any person
beyond the maximum period prescribed by any law made by Parliament under
sub-clause (b) of clause (7); or
(b)
such person is detained in accordance with the provisions of any law made by
Parliament under sub clauses (a)
and (b) of clause (7).
(5) When
any person is detained in pursuance of an order made under any law providing
for preventive detention, the authority making the order shall, as soon as
may be, communicate to such person the grounds on which the order has been
made and shall afford him the earliest opportunity of making a representation
against the order.
(6)
Nothing in clause (5) shall require the authority making any such order as is
referred to in that clause to disclose facts which such authority considers
to be against the public interest to disclose.
(7)
Parliament may by law prescribe -
*(a) the circumstances under which, and the class
or classes of cases in which, a person may be detained for a period longer
than three months under any law providing for preventive detention without
obtaining the opinion of an Advisory Board in accordance with the provisions
of sub-clause (a) of clause (4);
**(b)
the maximum period for which any person may in any class or classes of cases
be detained under any law providing for preventive detention; and
(c) the procedure to be followed by an Advisory Board in an
inquiry under ***[sub-clause (a) of
clause (4)].
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PART IV
DIRECTIVE PRINCIPLES OF STATE POLICY
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Definition
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Article
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Certain
principles of policy to be followed by the State.
Equal justice and free legal aid.
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39. The State shall, in particular,
direct its policy towards securing—
(a) that the
citizens, men and women equally, have the right to an adequate means of
livelihood;
(b) that the
ownership and control of the material resources of the community are so
distributed as best to sub serve the common good;
(c) that the
operation of the economic system does not result in the concentration of
wealth and means of production to the common detriment;
(d) that there
is equal pay for equal work for both men and women.
(e) that the health and strength of
workers, men and women, and the tender age of children are not abused and
that citizens are not forced by economic necessity to enter avocations
unsuited to their age or strength;
[9][(f) that children are given
opportunities and facilities to develop in a healthy manner and in conditions
of freedom and dignity and that childhood and youth are protected against
exploitation and against moral and material abandonment.]
[10][39A. The State shall secure that the
operation of the legal system promotes justice, on a basis of equal
opportunity, and shall, in particular, provide free legal aid, by suitable
legislation or schemes or in any other way, to ensure that opportunities for
securing justice are not denied to any citizen by reason of economic or other
disabilities.]
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Provision for just and humane conditions of work and maternity relief.
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42. The State shall make provision for
securing justand humane conditions of work and for maternity relief.
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Promotion of educational and
economic interests of Scheduled
Castes, Scheduled Tribes and other weaker sections.
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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.
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Duty of the State to raise the level of nutrition and
the standard of living and to improve public health.
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47. The State shall regard the raising of the level of nutrition and the
standard of living of its people and the improvement of public health as
among its primary duties and, in particular, the State shall endeavour to
bring about prohibition of the consumption except for medicinal purposes of
intoxicating drinks and of drugs which are injurious to health.
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Fundamental duties.
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51A. It shall be the duty of every citizen of India—
(e) to promote harmony and the
spirit of common brotherhood amongst all the people of India transcending
religious, linguistic and regional or sectional diversities; to renounce
practices derogatory to the dignity of women;
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PART IX
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The Panchayats
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Definition
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Article
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Reservation of seats.
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243D. Seats shall be reserved for—
(3) Not less than one-third
(including the number of seats reserved for women belonging to the Scheduled Castes
and the Scheduled Tribes) of the total number of seats to be filled by direct
election in every Panchayat shall be reserved for women and such seats may be
allotted by rotation to different constituencies in a
Panchayat.
(4) The offices of the
Chairpersons in the Panchayats at the village or any other level shall be
reserved for the Scheduled Castes, the Scheduled Tribes and women in
such manner as the Legislature of a State may, by law, provide: Provided
that the number of offices of Chairpersons reserved for the Scheduled Castes
and the Scheduled
Tribes in the Panchayats at each level in any State shall bear, as
nearly as may be, the same proportion to the total number of such offices in
the Panchayats at each
level as the population of the Scheduled Castes in the State or of the
Scheduled Tribes in the State bears to the total population of the State: Provided
further that not less than one-third of the total number of offices of
Chairpersons in the Panchayats at each level shall be reserved for women: Provided
also that the number of offices reserved under this clause shall be allotted
by rotation to different Panchayats at each level.
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The Municipalities
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Reservation of seats.
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243T.
3) Not less than one-third
(including the number of seats reserved for women belonging to the Scheduled Castes
and the Scheduled Tribes) of the total number of seats to be filled by direct
election in every Municipality shall be reserved for women and such seats may
be allotted by rotation to different constituencies in a Municipality.
(4) The offices of Chairpersons
in the Municipalities shall be reserved for the Scheduled Castes, the
Scheduled Tribes and women in such manner as the Legislature of a State may,
by law, provide.
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PART X
THE
SCHEDULED AND TRIBAL AREAS
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Definition
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Article
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Administration of Scheduled
Areas and Tribal Areas.
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244. (1) The provisions of the Fifth Schedule shall
apply to the administration and control of the Scheduled
Areas and Scheduled Tribes in any State 1*** other than
2[the States of Assam 3[,4[Meghalaya, Tripura and
Mizoram]]].
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PART XII
FINANCE,
PROPERTY, CONTRACTS AND SUITS
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Definition
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Article
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Grants from the Union to certain
States.
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275. (1) Such sums as Parliament may by law provide shall be charged on the
Consolidated Fund of India in each year as grants-in-aid of the revenues of
such States as Parliament may determine to be in need of assistance,
and different sums may be fixed for different States: Provided that
there shall be paid out of the Consolidated Fund of India as grants-in-aid of
the
revenues of a State such capital and recurring sums as may be
necessary to enable that State to meet the costs of such schemes of development
as may be undertaken by the State with the approval of the Government of
India for the purpose of promoting the welfare of the Scheduled Tribes in
that State or raising the level of administration of the Scheduled Areas
therein to that of the
administration of the rest of the areas of that State: Provided further
that there shall be paid out of the Consolidated Fund of India as
grants-in-aid of the
revenues of the State of Assam sums, capital and recurring,
equivalent to—
(a) the average excess of expenditure over the revenues during
the two years immediately preceding the commencement of this Constitution in
respect of the administration of the tribal areas specified in 1[Part I] of
the table appended to paragraph 20 of the Sixth Schedule; and
(b) the costs of such schemes of development as may be
undertaken by that State with the approval of the Government of India for the
purpose of raising the level of administration of the said areas to that of the
administration of the rest of the areas of that State.
1[(1A) On and from the formation of the autonomous State under article
244A,—
(i) any sums payable under clause (a) of the second proviso
to clause (1) shall, if the autonomous State comprises all the tribal areas referred
to therein, be paid to the autonomous State, and, if the autonomous State
comprises only some of those tribal areas, be apportioned between the State
of Assam and the autonomous State as the President may, by order, specify;
(ii) there shall be paid out of the Consolidated Fund of India
as grants-in-aid of the revenues of the autonomous State sums, capital and
recurring,
equivalent to the costs of such schemes of development as may be
undertaken by the autonomous State with the approval of the Government of India
for the purpose of raising the level of administration of that State to that of
the administration of the rest of the State of Assam.]
(2) Until provision is made by Parliament under clause (1), the powers
conferred on Parliament under that clause shall be exercisable by the
President by order and any order made by the President under this clause shall
have effect subject to any provision so made by Parliament: Provided that
after a Finance Commission has been constituted no order shall be made under
this clause by the President except after considering the recommendations of
the Finance Commission.
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PART XVI
SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES
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Definition
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Article
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Reservation of seats for
Scheduled Castes and
Scheduled Tribes in the House of
the People.
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330. (1) Seats shall be reserved in the House of the
People for —
(a) the Scheduled Castes; 1[(b) the Scheduled Tribes
except the Scheduled Tribes in the autonomous districts of Assam; and]
(c) the Scheduled Tribes in the autonomous districts of Assam.
(2) The number of seats reserved in any State 2[or Union territory]
for the Scheduled Castes or the Scheduled Tribes under clause (1) shall bear,
as nearly as may be,
the same proportion to the total number of seats allotted to that
State 2[or Union territory] in the House of the People as the population of
the Scheduled Castes in the State 2[or Union territory] or of the Scheduled
Tribes in the State 2[or Union territory] or part of the State 2[or
Union territory, as the case may be, in respect of which seats are so
reserved, bears to the total population of the State 2[or Union territory].
3[(3) Notwithstanding anything contained in clause (2), the number of
seats reserved in the House of the People for the Scheduled Tribes in the
autonomous districts of Assam shall bear to the total number of seats allotted
to that State a proportion not less than the population of the Scheduled
Tribes in the said autonomous districts bears to the total population of the
State.] 4[Explanation—In this article and in article 332, the
expression “population” means the population as ascertained at the
last preceding census of which the relevant figures have been published:
Provided that the reference in this Explanation to the last preceding
census of which the relevant figures have been published shall, until the
relevant figures for the first census taken after the year 1[2026] have been
published, be construed as a reference to the 2[2001] census.]
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Claims of Scheduled Castes and Scheduled Tribes to services and posts.
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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:
1[Provided that nothing in this article shall prevent in making of any
provision in favour of the members of the Scheduled Castes and the Scheduled
Tribes for relaxation in qualifying marks in any examination or lowering the
standards of evaluation, for reservation in matters of promotion to any class
or classes of services or posts in connection with the affairs of the Union
or of a State.]
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THE SCHEDULED CASTES AND THE SCHEDULED TRIBES
(PREVENTION OF
ATROCITIES) ACT, 1989
ACT NO. 33 OF 1989
[11th
September, 1989.]
An Act to prevent the commission of offences
of atrocities against the members of the Scheduled Castes and the Scheduled
Tribes, to provide for [11][Special
Courts and the Exclusive Special Courts] for the trial of such offences and for
the relief and rehabilitation of the victims of such offences and for matters
connected therewith or incidental thereto.
EIGHTH SCHEDULE
[Articles 344 (1) and 351]
Languages
[1.] Assamese.
[2.] Bengali.
[3.] Bodo.
[4.] Dogri.
[5.] Gujarati.
[6.] Hindi.
[7.] Kannada.
[8.] Kashmiri.
[9.] Konkani
[10. Maithili.
[11.] Malayalam.
[12.] Manipuri.
[13.] Marathi.
[14.] Nepali.
[15.] Oriya.
[16.] Punjabi.
[17.] Sanskrit.
[18.] Santhali.
[19.] Sindhi.
[20.] Tamil.
[21.] Telugu.
[22.] Urdu.
[1] Subs. by the Constitution
(Forty-second Amendment) Act, 1976, s. 2, for “SOVEREIGN DEMOCRATIC REPUBLIC”
(w.e.f. 3-1-1977).
[2] Subs. by s. 2, ibid., for “unity of the Nation” (w.e.f.
3-1-1977).
[3] Added by the Constitution
(First Amendment) Act, 1951, s. 2.
[4]
Ins. by the Constitution (Ninety-third Amendment) Act, 2005, s. 2 (w.e.f.
20-1-2006).
[5] Subs. by the Constitution
(Seventh Amendment) Act, 1956, s. 29 and Sch., for “under any State specified in
the First Schedule or any local or other authority within its territory, any
requirement as to residence within that State”.
[6] Ins. by the Constitution
(Seventy-seventh Amendment) Act, 1995, s. 2.
[7] Subs. by the Constitution
(Eighty-fifth Amendment) Act, 2001, s. 2, for certain words
(W.e.f. 17-6-1995).
[8] Ins. by the Constitution
(Eighty-first Amendment) Act, 2000, s. 2 (w.e.f. 9-6-2000).
[9] Subs. by the Constitution
(Forty-second Amendment) Act, 1976, s. 7, for cl. (f) (w.e.f. 3-1-1977).
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