Constitutional Safeguards to the weaker sections of India

Q) Discuss the safeguards to Schedule Tribes mentioned in the constitution of India?

Ans:
Safeguards give to STs are three types in the constitution:-

  1. Protective Safeguards
  2. Political Safeguards
  3. Developmental Safeguards
Protective Safeguards:- 
These protective safeguards encompasses Education, Economical, Social, Religious , administrative and other rights.


Educational Rights:-

  1. No discrimination - article 15
  2. Special provisions can be made by state for the welfare and advancement of the socially and educationally backward sections, especially, SCs and STs- article 15.5

Employment rights:-

  1. Equal opportunities shall be given to all citizens in matters of the employment. -article 16
  2. No part of this article will restrict the state from making provisions for providing the employment to SCs and STs.
  3. To make special provisions, State need not to consult either UPSC or state PSCs. -article 320(4).
  4. Article 335 — Claims of SCs and STs to the services and posts. 


Social safeguard Provisions:-

  1. Abolition of the untouchability - article 17
  2. Abolition of the trafficking in human beings and forced labour -article 23
  3. Abolition of the employment of children in factories -article 24
  4. Any section of citizen residing in territory of india having distinct script, culture and language of its own have the right to conserve the same. - article 29(1)
  5. State shall take special care of the educational and economic interests of weaker sections and shall protect them from social injustice and forces of exploitation.- article 46.


Economic Rights:-

  1. any citizen of india shall have the right to practice the business of his choice - article 19.

To safeguards the people from the competition of the outside world, Inner Line Permit(ILP) system, according to which, entry into those areas requires the special permission from authorities.


Administrative rights:-

  1. Constitution of the schedule V and schedule VI areas as per provisions of article 244(1) and 244(2) of the indian constitution.
  2. control of the union over administration of the schedule areas welfare of the schedule tribes.- article 339.
Ex:- recently virginus xaxa committee was constituted to examine the status of the STs.


2. Political Safeguards:-

  1. Article 243D provides reservation of Seats for Scheduled Tribes in Panchayats.
  2. Article 330 provides reservation of seats for Scheduled Tribes in the House of the People.
  3. Article 332 provides reservation of seats for Scheduled Tribes in Legislative Assemblies of the States.
  4. Article 334 provides that reservation of seats for Scheduled Castes and Scheduled Tribes in the Lok Sabha and the State Vidhan Sabhas (and the representation of the Anglo-Indian Community in the Lok Sabha and the State Vidhan Sabhas by nomination) would continue up to January, 2020.
  5. As per Article 338A, National Commission for STs is constituted to safeguard the interests of STs.

Other specific safeguards have been provided in Article 244 read with the provisions contained in Fifth and Sixth Schedule to the Constitution.

Development Safeguards:-

  • Central Government support to Tribal Sub Plan(TSP) through Special Central Assistance(SCA).
  • Grant-in-aid:- Apart from the SCA to TSP, central govt also disburse the funds under article 275(1) of Indian Constitution. 
  • Ekalavya Residential schools for STs.
  • Scheme of Girls & Boys Hostels for STs. 
  • Development of Particularly Vulnerable Tribal Groups (PVTGs).
  • Scholarship Schemes:-
    The Tribal Ministry is implementing the following Scholarship schemes for ST students in the country:
    (i) Pre-Matric Scholarship for ST students (9th& 10thStd).
    (ii)Post-Matric Scholarship for ST students (Class 11thonwards).
    (iii) National Fellowship and Scholarship for Higher Education of ST students.
    (iv) National Overseas Scholarship (NOS) for ST candidates for studying abroad.
  • AdivasiMahilaSashaktikaran Yojana (AMSY): Under the scheme, Scheduled Tribes women can undertake any income generation activity. Loans upto 90% for scheme costing upto ₹1 lakh are provided at a concessional rate of interest of 4% p.a.
  • Adivasi Shiksha Rrinn Yojana: Under this scheme, financial assistance is provided to ST students for pursuing professional/ technical education including Ph.D. in India.

Other Safeguards:-

  • Article 164(1) provides that in the States of Chhattisgarh, Jharkhand, Madhya Pradesh and Odisha there shall be a Minister in charge of tribal welfare who may in addition be in charge of the welfare of the Scheduled Castes and backward classes or any other work.
  • Article 371A has special provisions with respect to the State of Nagaland.
  • Article 371B has special provisions with respect to the State of Assam.
  • Article 371C has special provisions with respect to the State of Manipur.
  • Article 371F has special provisions with respect to Sikkim.



These are important provisions incorporated into the constitution of India for holistic development of Schedule Tribes, who constitute the 10% of Indian population and yet they are one of the most backward interms of education, health, income, employment and other SDG(sustainable Development Goals) parameters.


Q) Explain the concept of minorities with reference to the Indian constitution and safeguards available for the protection of their rights? —2016,G-I

Ans: 

The word Minority is nt defined anywhere in the constitution but article 30 of the constitution recognise two type of Minorities such as the Religious and Linguistic. 

Safeguards available for their Protection:- Constitution of India provides certain safeguards for the protection of minorities.Those can be divided into two categories:

  1. Exclusive Safeguards and
  2. Common Safeguards. 

Exclusive Safeguards:- These provisions specially mentioned to protect the minorities. Those are:

Article 29(i):- Any citizen residing in the territory of India having the distinct language, script or culture, shall have the right to conserve the same. 

Article 29(ii):- Entry into educational institutions shall nt be curtailed on the basis of religion, race, caste, language or any of them.

Article 30(i):- All Minorities,Linguistic and religious, shall have the right to establish educational institutions of their choice. 

Article 30(ii):- Minority managed educational institutions would be free from discrimination while receiving the aid from the state.

Article 347:- Special provisions for the language spoken by certain section of people in a state.

Article 350A:- Provisions for instructions in mother-tongue at primary stage

Article 350B:- Special officer for Linguistic Minorities


Common Safeguards:-

Article 14:- State shall promote the equality before the law and equal protection of the law. 

Article 15:- State shall discriminate anyone on the basis of religion, race, caste, sex, place of birth or any of them. 

Article 16:- State shall promote equal opportunities to all citizens. 

Article 25:- Freedom to profess, practice and propagate any religion of one’s choice. 

Article 26:- Right of any section or religious denomination to establish institutions for charitable purposes. 

Article 27:- All religious institutions are free from the Income tax.

Article 28:- Freedom to religious instructions in educational institutions, substantially aided by state. 

Article 38:-obligation of the State ‘to endeavour to eliminate inequalities in status, facilities and opportunities’ amongst individuals and groups of people residing in different areas or engaged in different vocations.

Article 46:- obligation of State ‘to promote with special care’ the educational and economic interests of ‘the weaker sections of the people’ (besides Scheduled Castes and Scheduled Tribes).

Article 51A:-
  1. Citizens’ duty to promote harmony and the spirit of common brotherhood amongst all the people of India ‘transcending religious, linguistic and regional or sectional diversities; 
  2. Citizens’ duty to value and preserve the rich heritage of our composite culture.’



These are some of the safeguards available to Minorities residing in India. Aforesaid provisions not only provides secured living, it also provides the Social, economical and political Justice , Equality of the status and Opportunity, Fraternity assuring the dignity of Individual and Unity and Integrity of the Nation.