India, being a diverse and inclusive nation, acknowledges the importance of uplifting marginalized communities. The Constitution (Scheduled Castes) Order (Amendment) Bill, 2023, recently introduced in the Lok Sabha, is a testament to the government’s commitment to this cause. The bill aims to include two synonyms for the Mahar community in the State of Chhattisgarh in the Scheduled Castes list.
The Process of Inclusion or Exclusion
The inclusion or exclusion of a community from the Scheduled Castes (SCs) or Scheduled Tribes (STs) list is a multi-layered process that starts at the State or Union Territory level. The State government initiates this process when they seek to add or remove a community from the SC or ST list.
Presidential Decision Making
While the State government recommends communities for addition or removal from the SCs/STs list, the final decision rests with the President’s office. This decision-making power is derived from Articles 341 and 342 of the Indian Constitution. Once the proposal is received, the President’s office issues a notification after thorough examination and consideration of various factors.
Central Government’s Role
The Union Ministry of Tribal Affairs plays a significant role in the process. When the State government forwards its proposal, the Ministry receives and examines it thoroughly. The proposal is then sent to the Registrar General of India (RGI) for further evaluation.
Criteria for Identification
The Registrar General of India (RGI) utilizes the criteria set forth by the Lokur Committee to define a new community as a Scheduled Tribe. The criteria include various socio-economic indicators, traditional occupations, and distinctive cultural aspects that help identify and categorize marginalized communities that deserve special attention and support.
Approval by National Commissions
Once the proposal is approved by the RGI, it is forwarded to either the National Commission for Scheduled Castes or the National Commission for Scheduled Tribes, depending on the category. These commissions carefully scrutinize the proposal and provide their recommendations based on the community’s socio-economic conditions and their eligibility for inclusion or exclusion from the respective lists.
Inter-Ministerial Deliberations
After receiving the recommendations from the National Commissions, the proposal returns to the Union government for inter-ministerial deliberations. This stage involves consultations between various ministries to assess the impact of the proposed inclusion or exclusion on other communities and ensure that the decision aligns with the broader goal of social upliftment and inclusivity.
Cabinet Approval and Parliamentary Process
The final approval for the proposed amendment comes from the Union Cabinet. If the Cabinet approves the amendment, it is then presented as a Bill in both houses of Parliament—the Lok Sabha and the Rajya Sabha.
Presidential Assent
The Bill amending the Constitution (Scheduled Castes) Order, 1950, becomes effective only after it is approved by both the Lok Sabha and the Rajya Sabha. Once the Bill clears both houses, it requires the assent of the President to be enacted.
