INCLUSION TO ST LISTS - POLITY

INCLUSION TO ST LISTS - POLITY

News: Who are the Paharis and Paddaris, proposed for ST status in J&K?

 

What's in the news?

●       The government has decided to include four communities in the list of Scheduled Tribes (STs) in Jammu and Kashmir: “Gadda Brahmin”, “Koli”, “Paddari Tribe”, and “Pahari Ethnic Group” through the Constitution (Jammu and Kashmir) Scheduled Tribes Order (Amendment) Bill, 2023.

Constitutional Provisions:

341. Scheduled Castes

  1. 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 of or groups within castes, races or tribes which shall for the purposes of this Constitution be deemed to be Scheduled Castes in relation to that State or Union territory, as the case may be
  2. Parliament may by law include in or exclude from the list of Scheduled Castes specified in a notification issued under clause (1) any caste, race or tribe or part of or group within any caste, race or tribe, but save as afore said a notification issued under the said clause shall not be varied by any subsequent notification.

342. Scheduled Tribes

  1. 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 tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purposes of this Constitution be deemed to be Scheduled Tribes in relation to that State or Union territory, as the case may be
  2. Parliament may by law include in or exclude from the list of Scheduled Tribes specified in a notification issued under clause (1) any tribe or tribal community or part of or group within any tribe or tribal community, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.

 

How is a community added or removed from SC, ST lists?

  1. The process begins at the level of a State or Union Territory, with the concerned government or administration seeking the addition or exclusion of a particular community from the SC or ST list.
  2. The final decision rests with the President’s office issuing a notification specifying the changes under powers vested in it from Articles 341 and 342.
  3. The inclusion or exclusion of any community in the Scheduled Tribes or Scheduled Castes list come into effect only after the President assents to a Bill that amends the Constitution (Scheduled Castes) Order, 1950 and the Constitution (Scheduled Tribes) Order, 1950, as is appropriate, after it is passed by both the Lok Sabha and Rajya Sabha.
  4. A State government may choose to recommend certain communities for addition or subtraction from the list of SCs/STs based on its discretion.
  5. Following this, the proposal to include or remove any community from the Scheduled List is sent to the Union Ministry of Tribal Affairs from the concerned State government.
  6. After this, the Ministry of Tribal Affairs, through its own deliberations, examines the proposal, and sends it to the Registrar General of India (RGI). Once approved by the RGI, the proposal is sent to the National Commission for Scheduled Castes or National Commission for Scheduled Tribes, following which the proposal is sent back to the Union government, which after inter-ministerial deliberations, introduces it in the Cabinet for final approval.
  7. A Bill is introduced in Parliament by the Tribal Affairs Minister, specifying the exclusion or inclusion of communities from or to the SC list or the ST list.