Inclusion/Exclusion from SC/ST List

Prelims: Current events of national and international relations | Polity & Governance

Why in news?

A proposal from the State Government of Bihar for inclusion of Krishi Vaishya/Chasot in the Scheduled Tribes list.

Constitutional Provisions – Article 341 (SCs) & 342 (STs), which authorise the President to specify SCs/STs in consultation with the Governor, but only Parliament can alter these lists through law.
Parliament's Role – Parliament has the sole power to include or exclude any caste/tribe from the lists through legislation, overriding any later executive action.

Process of Inclusion/Exclusion from SC/ST Lists

Initiation at State/UT level – The concerned State/UT recommend the addition or removal of a community based on studies and socio-economic assessments.
Union Government scrutiny – The proposal is examined by the Ministry of Tribal Affairs/Social Justice, Registrar General of India (RGI), and National Commissions (SC/ST).
Legislative process –
- A Bill is introduced in Parliament to amend the Constitution (Scheduled Castes) Order, 1950 or the Constitution (Scheduled Tribes) Order, 1950.
- The Bill must be passed by both Houses of Parliament.
Presidential Notification – Under Articles 341 & 342, the President issues the final notification, giving legal effect to the inclusion/exclusion.
Criteria
- Scheduled Castes (SCs) – Extreme, social, educational and economic backwardness arising out of the traditional practice of untouchability.
- Scheduled Tribes (ST) – Ethnological traits, traditional characteristics, distinctive culture, geographical isolation, and social & economic backwardness.

Census 2011

SC list – They spread across 31 States/UTs with 1,241 notified communities.
- Population – Over 20 crore (Approx. 16.6% of India’s population)
ST list – They are notified in 30 States/UTs, with 705 individual tribes/communities under Article 342.
- Population – Over 10 crore (Approx. 8.6% of India’s population).

References