Common Constitutional Provisions for the Empowerment of SCs, STs and OBCs

The term “social justice” figures in the Preamble to the Constitution which mentions, securing to all citizens: “Justice, social, economic and political” as the first of the four goals of the Constitution.

  • Part IV of the Constitution lays down certain “Directive Principles of State Policy” which, though not enforceable by any Court, “are nevertheless fundamental in the governance of the country” and which, “it shall be the duty of the State to apply” in making laws.
  • Articles 38, 41, 46 and 47 in Part IV (“Directive Principles of State Policy”) of the Constitution are especially relevant for the empowerment of socially and economically backward groups.

Article 38: State to secure a social order for the promotion of welfare of the people

  • The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life.
  • The State shall, in particular, strive to minimize the inequalities in income, and endeavor to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations.

SCs/STs in India — Census 2011

  • Scheduled Castes are notified in 31 States/UTs of India and Scheduled Tribes in 30 States
  • There are altogether 1,241 individual ethnic groups, etc. notified as Scheduled Castes in different States/UTs
  • Number of individual ethnic groups, etc. notified as Scheduled Tribes is 705
  • There have been some changes in the List of SCs/STs in States/ UTs during the last decade

Distribution of SCs Population by States

Uttar Pradesh: 20.5%; West Bengal: 10.7%; Bihar: 8.2%; Tamil Nadu: 7.2%; Andhra Pradesh: 6.9%; Maharashtra: 6.6%; Rajasthan: 6.1%; Madhya Pradesh: 5.6%; Karnataka: 5.2%; Punjab: 4.4%; Odisha: 3.6%; Rest: 15.0%

Distribution of SCs Population by States

Madhya Pradesh: 14.7%; Maharashtra: 10.1%; Odisha: 9.2%; Rajastha: 8.9%; Gujarat: 8.6%; Jharkhand: 8.3%; Chhattisgarh: 7.5%; Andhra Pradesh: 5.7%; West Bengal: 5.1%; Karnataka: 4.1%; Assam: 3.7%; Meghalaya: 2.5%; Rest: 11.6%

Proportion of SCs/STs

States/UTs Ranked by Proportion of SCs

  • Top Five States/UTs: 1. Punjab: 31.9%;
    2. Himachal Pradesh: 25.2%; 3. West Bengal: 23.5%; 4. Uttar Pradesh: 20.7%; 5. Haryana: 20.2%
  • Bottom Five States/UTs: 1. Mizoram: 0.1%; 2. Meghalaya: 0.6%; 3. Goa: 1.7%; 4. Dadra & Nagar Haveli: 1.8%; 5. Daman & Diu: 2.5%

States/UTs Ranked by Proportion of STs

  • Top Five States/UTs: 1. Lakshadweep: 94.8%; 2. Mizoram: 94.4%; 3. Nagaland: 86.5%, 4. Meghalaya: 86.1%, 5. Arunachal Pradesh: 68.8%
  • Bottom Five States/UTs: 1. Uttar Pradesh: 0.6%, 2. Tamil Nadu: 1.1%, 3. Bihar: 1.3%, 4. Kerala: 1.5%, 5. Uttarakhand: 2.9%

Article 41: Right to work, to education and to public assistance in certain cases

  • The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want.

Article 46: Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections

  • “The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.”

Article 47: Duty of the State to raise the level of nutrition and the standard of living and to improve public health

  • “The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavor to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.”