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The Constitution (Scheduled Tribe) Order (Second Amendment) Bill , 2022

The Reservation System in India is very old and consists of a number of affirmative actions done by the government for the backward and the weaker sections of the society by providing them with access to government jobs and higher educations that can aid in their development similarly to the other communities.

The Constitution of India recognizes Scheduled Caste , Scheduled Tribe and other Backward Classes (OBC).The system of Reservation was very unique and it was designed as a short term fix to put all the communities of the society in a same line.

Who are Scheduled Tribe?

The Tribes are the indigenous and native inhabitants of the land who are believed to be the earliest settlers in the Indian Peninsula.

There were certain communities in Mediaeval India that were facing extremely socially , educationally , and economically backwardness. As a result , they faced many challenges and required special compensation to protect their interest and advance their socio-economic development.

Clause 1 of the Article 341 and 342 of the Indian Constitution recognized these group as a Scheduled Tribe and Scheduled Caste.

Scheduled Tribe AMENDMENT, 2022

With the authority implied in Article 342 clause (1), which specifies who would be considered a member of a Scheduled Caste and a Schedule Tribe with regard to any state or Union Territory. The Constitution (ST) Order, 1950 was written by the President in collaboration with the Governor and Rajpramukhs of the affected states.

In paragraph 2 of the ST order 1950, it is given that : No person who professes a religion different from the Hindu religion shall be deemed to be a member of a scheduled caste. But later, in 1956, this order was revised to include Sikhs in the Constitution (ST) order, 1950, and again in 1990, adding Buddhists to the list as well. Now the paragraph says that No one who is not a Hindu, Sikh, or Buddhist can belong to a Scheduled Caste.

.During the Winter Session of 2022, the parliament enacted three crucial Constitution (ST) Order Amendment Bills.

Parliaments has passed:
  • Constitution (Scheduled Castes and Scheduled Tribes) Order (Second Amendment) Bill , 2022 for Uttar Pradesh
  • Constitution (Scheduled Tribes) Order (Second Amendment) Bill , 2022 for Tamil Nadu
  • Constitution (Scheduled Tribes) Order (Second Amendment) Bill , 2022 for Karnataka

On December 14 , 2022 , during the current Winter Session of Parliament , the Rajya Sabha passed the Constitution (Scheduled Castes and Scheduled Tribes) Order Second Amendment Bill, 2022 with regard to the state of Uttar Pradesh in which the Gond group will be moved from the SC to ST list after the Bill is passed and the Dhurla , Nayak , Ojha , Pathari , and Rajgond will be added to the ST list of the Uttar Pradesh in the four Districts of Sant Kabir Nagar, Khushinagar, Chandauli, and Bhadohi.

In Relation to the State of Tamil Nadu the Constitution(Scheduled Tribes) Order Second Amendment Bill unanimously approved by the Rajya Sabha on Dec 22, 2022 in which the Narikoravan and Kurivikkiran communities will be listed as Scheduled Tribes in Tamil Nadu.

Narkikoravan and Kurivikkiran Community:

These are the indigenous group of people belong to the state of Tamil Nadu. The primary occupation of this people is hunting , but due to the new regulations , they were not permitted entrance into the forests. Since they had no choice but to pursue other alternatives , they now sell beaded ornaments to survive.

They were included in The Criminal Tribes Act of 1971 during the British period , and after independence , they were disregarded for a very long time. They were denotified in 1952, and because they moved a lot , their children didn't receive an education. They now make up around 27,000 of the total population of 7 Crore.

The Fourth Amendment which is related to the state of Karnataka which is unanimously approved by the Rajya Sabha on Dec 22, 2022. Following the passage of Bill in the Parliament , the Kadu Kuruba Community would be referred as the Betta-kuruba (Betta meaning "Hill" , kuruba meaning "shephered") community in the Karnataka Scheduled Tribe List.

Process of Inclusion in ST List

The Scheduled Tribe first appeared in the Indian Constitution of India. Article 366(25) defines ST as "Such Tribal Communities as are deemed under Article 342 of the Constitution to be Scheduled Tribes".Article 342 prescribes procedure to be followed in the matter of specification of ST.

The criteria that are followed to designate a community as a ST are:
  • Indications of Primitive way of life and habitation.
  • Geographical Isolation
  • Shyness of contact with the community at large
  • General Backwardness in all respects

These grounds are used to include any community on the Scheduled Tribe list even though they are not listed anywhere.

Why Reservation Is Necessary?

As soon as India gained freedom, the constitution was amended to include reservations in order to provide backward class group members with the justice they deserve and to establish guidelines and provisions that would help them succeed and improve their access to resources and opportunities.

Some of the benefit of the Reservation are:
  • To make up for previous and past discrimination against India's lower classes.
  • To guarantee that people from all castes are equally represented in state and center jobs.
  • To provide equal platform for everyone , regardless of their caste.

The Allocation of India's reservation allotment for candidates for Government jobs or Higher Education Institutions:
  • Scheduled Caste has 15% Reservation
  • Scheduled Tribe has 7.5% Reservation.
  • Other Backward Classes (OBC) has 27% Reservation.
  • Economically Weaker Sections (EWS) has 10% Reservation.
  • Persons with Benchmark Disabilities has 4% Reservation.

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