Special Provison for Certain Classes (Indian Polity and Governance)

Total Questions: 22

1. Part XVI (from Art. 330 to 342) of the Indian Constitution deals with : [U.P.P.C.S. (Spl) (Mains) 2004]

Correct Answer: (d) Reservation of seats for SC/ST and representation of Anglo-Indian Community in the House of people.
Solution:Part XVI of the Constitution containing Articles 330-342A is for the special provisions relating to certain classes. Article 330 provides for the reservation of seats for Scheduled Castes and Scheduled Tribes in the House of People (Lok Sabha), and Article 331 is related to the representation of Anglo-Indian community in the House of People. It is noteworthy that the arrangements of nominating representatives of the Anglo-Indian Community in the House of the People have not been extended beyond the stipulated date (25 January, 2020) by 'the Constitution (One Hundred and Fourth Amendment) Act, 2019. So, currently, this arrangement has ended.

2. Under Indian Constitution, Provision for Scheduled Tribes in Lok Sabha has been made under- [U.P.P.S.C. (GIC) 2010]

Correct Answer: (a) Article 330
Solution:The provisions of reservation for Scheduled Castes and Scheduled Tribes in Lok Sabha have been made under Article 330 of the Constitution. The same provision of reservation for the said communities in State Legislative Assemblies has been made under Article 332.

Constitutional Provisions Governing Reservation in India

  • Part XVI deals with reservation of SC and ST in Central and State legislatures
  • Article 15(4) and 16(4) of the Constitution enabled the State and Central Governments to reserve seats in government services for the members of the SC and ST
  • The Constitution was amended by the Constitution (77 Amendment) Act, 1995 and a new clause (4A) was inserted in Article 16 to enable the government to provide reservation in promotion.
  • Later, clause (4A) was modified by the Constitution (85 Amendment) Act, 2001 to provide consequential seniority to SC and ST candidates promoted by giving reservation
  • Constitutional 81st Amendment Act, 2000 inserted Article 16 (4B) which enables the state to fill the unfilled vacancies of a year which are reserved for SCs/STs in the succeeding year, thereby nullifying the ceiling of fifty percent reservation on total number of vacancies of that year.
  • Article 330 and 332 provides for specific representation through reservation of seats for SCs and STs in the Parliament and in the State Legislative Assemblies respectively.
  • Article 2430 provides reservation of seats for SCs and STs in every Panchayat
  • Article 233T provides reservation of seats for SCs and STs in every Municipality
  • Article 335 of the constitution says that the claims of STs and STs shall be taken into consideration constituently with the maintenance of efficacy of the administration

3. The Authority to specify as to which castes shall be deemed to be Scheduled Castes rests with the- [U.P.P.C.S. (Mains) 2006]

Correct Answer: (d) President
Solution:According to Article 341 of the Constitution, 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 or groups which shall for the purposes of this Constitution be deemed to be Scheduled Castes to that State or Union Territory, as the case may be.

Constitutional Provisions for the SC

Art. 15(4): Clause 4 of Article 15 is the fountainhead of all provisions regarding compensatory discrimination for SCs/STs
Art. 15 (5): This clause was added in the 93rd amendment in 2005 and allows the state to make special provisions for backward classes or SCs or STs for admissions in private educational institutions, aided or unaided.
Art.16 (4): This clause allows the state to reserve vacancies in public service for any backward classes of the state that are not adequately represented in the public services.
Art.16 (4A): This allows the state to implement reservation in the matter of promotion for SCs and STs.
Art. 16 (4B): This allows the state to consider unfilled vacancies reserved for backward classes as a separate class of vacancies not subject to a limit of 50% reservation.
Art. 17: This abolishes untouchability and its practice in any form.

4. Which statement is not correct? [M.P.P.C.S. (Pre) 1994]

Correct Answer: (c) The lists of Scheduled Castes and Scheduled Tribes are prepared and amended by the concerned State Governments.
Solution:The power to include or exclude any caste, race or, tribe or any group as Scheduled Castes and Scheduled Tribes, in the list specifying these communities, is vested in the Parliament. The Parliament may exercise this power by making a law. Such provision for Scheduled Castes is given in Article 341 and for Scheduled Tribes in Article 342.

5. Scheduled Tribe status is - [R.A.S./R.T.S.(Pre) 2010]

Correct Answer: (b) Religiously neutral.
Solution:According to the Constitutional (Scheduled Tribes) Order, 1950 the status of Scheduled Tribes is religiously neutral.
Follower of any religion can be included in Scheduled Tribe Community, while by para-3 of Constitutional (Scheduled Caste) Order, 1950 only Hindus (which includes Buddhist and Sikh), can be included in the Scheduled Caste Community. The National Commission for Religious and Linguistic Minorities headed by Ranganath Mishra has recommended repealing this para.

6. The specifications required for a community to be declared as a Scheduled Tribe are: [69th B.P.S.C. (Pre) 2023]

1. Indications of primitive traits

2. Distinctive culture

3. Shyness of contact with the community at large

4. Backwardness and geographical isolation

Which of the above are correct?

Correct Answer: (d) All of the above
Solution:After the Amendment made by Parliament in 2007, there were total 1206 Scheduled Castes in India. As per 'The Constitution (Scheduled Castes Amendment) Act, 2017' total number of Scheduled Castes in India is 1261. According to the Census-2011 Scheduled Castes form 16.6 percent to the total population.
  • According to the Imperial Gazetteer of India, a tribe is a collection of familles bearing a common name, speaking a common dialect, and occupying or professing to occupy a common territory. India is known as a Melting pot of tribes and races
  • After Africa, India has the second largest concentration of tribal population in the world. As per the 2011 Census, the tribal population constitutes about 8.9% of the total population in India.
  • Adivasis is a term used to refer to the Indigenous population of India. Adivasis are considered to be the original inhabitants of India, and they have their own distinct cultures, languages, and customs
  • They have been living in different parts of India for centuries, and have a deep understanding of the ecology and resources of their regions.

7. After the Amendment in Indian Constitution by the Parliament on 14 August, 2007 the number of castes in the list of Scheduled Castes is — [48th to 52nd B.P.S.C. (Pre) 2008]

Correct Answer: (b) 1206
Solution:After the Amendment made by Parliament in 2007, there were total 1206 Scheduled Castes in India. As per 'The Constitution (Scheduled Castes Amendment) Act, 2017' total number of Scheduled Castes in India is 1261. According to the Census-2011 Scheduled Castes form 16.6 percent to the total population.

Constitutional Provisions for the SC

Art. 15(4): Clause 4 of Article 15 is the fountainhead of all provisions regarding compensatory discrimination for SCs/STs
Art. 15 (5): This clause was added in the 93rd amendment in 2005 and allows the state to make special provisions for backward classes or SCs or STs for admissions in private educational institutions, aided or unaided.
Art.16 (4): This clause allows the state to reserve vacancies in public service for any backward classes of the state that are not adequately represented in the public services.
Art.16 (4A): This allows the state to implement reservation in the matter of promotion for SCs and STs.
Art. 16 (4B): This allows the state to consider unfilled vacancies reserved for backward classes as a separate class of vacancies not subject to a limit of 50% reservation.
Art. 17: This abolishes untouchability and its practice in any form.

8. State having maximum Scheduled Tribes is - [U.P.P.C.S. (Pre) 1991]

Correct Answer: (b) Madhya Pradesh
Solution:The maximum population of Scheduled Tribes is in the state of Madhya Pradesh. The descending order of the states given in the options in terms of their Scheduled Tribes population is — Madhya Pradesh, Rajasthan, Andhra Pradesh, Bihar.
  • According to the Imperial Gazetteer of India, a tribe is a collection of familles bearing a common name, speaking a common dialect, and occupying or professing to occupy a common territory. India is known as a Melting pot of tribes and races
  • After Africa, India has the second largest concentration of tribal population in the world. As per the 2011 Census, the tribal population constitutes about 8.9% of the total population in India.
  • Adivasis is a term used to refer to the Indigenous population of India. Adivasis are considered to be the original inhabitants of India, and they have their own distinct cultures, languages, and customs
  • They have been living in different parts of India for centuries, and have a deep understanding of the ecology and resources of their regions.

9. In which of the following there is no reservation for any caste? [U.P. Lower Sub. (Pre) 1998]

Correct Answer: (e) (a) & (c)
Solution:The provision of reservation for Scheduled Castes and Scheduled Tribes has been made for Lok Sabha and State Legislative Assemblies under the Constitution. There is no reservation for any caste in the Rajya Sabha and State Legislative Council.

Note: After Jammu and Kashmir Reorganisation Act, 2019, there is no existence of Legislative council in the Union Territory. According to this Act, seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in the Legislative Assembly of the Union Territory of Jammu and Kashmir.

10. The Provision of National Commission for Scheduled Tribes is given in which Article of the Constitution? [U.P.P.C.S. (Pre) 2013, U.P.U.D.A./L.D.A. (Spl) (Mains) 2010, Chhattisgarh P.S.C. (Pre) 2005]

Correct Answer: (a) Article 338A
Solution:The provision of the National Commission for Scheduled Tribes has been made by Article 338-A. Originally, there was only Article 338 for the establishment of a commission for Scheduled Castes and Scheduled Tribes (both), but 89. Constitutional Amendment Act, 2003 bifurcated the combined commission into two separate bodies. Article 338A was inserted for a separate commission for Scheduled Tribes. Article 338 now only provides for a commission for Scheduled Castes. The commissions constituted under Article 338 and 338A consist of a Chairperson, Vice-Chairperson, and three other members.