Article 164 (1) provides that the States of Chhattisgarh, Jharkhand, Madhya Pradesha 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
(1) There shall be a Commission for the Scheduled Tribes to be known as National Commission for the Scheduled Tribes
(2) Subject to the provisions of any law made in this behalf by Parliament, the Commission shall consist of a Chairperson, Vice-Chairperson and three other Members and the conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other Members so appointed shall be such as the President by rule determine
(3) The Chairperson, Vice-Chairperson and other Members of the Commission shall be appointed by the President by warrant under his hand and seal
(4) The Commission shall have the power to regulate its own procedure
(5) It shall be the duty of the Commission –
(5) (a) to investigate and monitor all matters relating to the safeguards provided for the Scheduled Tribes under this Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards;
(5) (b) to inquire into specific complaints with respect to the deprivation of righs and safeguards of the Scheduled Tribes;
(5) (c) to participate and advise on the planning process of socio-economic development of the Scheduled Tribes and to evaluate the progress of their development under the Union and any State;
(5) (d) to present to the President, anually and at such other times as the Commission may deem fit, reports upon the working of those safeguards;
(5) (e) to make in such reports recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the Scheduled Tribes; and
(5) (f) to discharge such other functions in relation to the protection, welfare and development and advancement of the Scheduled Tribes as the President may, subject to the provisions of any law made by Parliament, by rule specify
(6) The President shall cause all such reports to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the non-acceptance, if any, of any of such recommendations
(7) Where any such report, or any part thereof, relates to any matter with which any State Government is concerned, a copy of such report shall be forwarded to the Governor of the State who shall cause it to be laid before the Legislature of the State along with a memorenadum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of any of such recommenations
(8) The commission shall, while investigating any matter referred to in sub-clause (a) or inquiring into any complaint referred in sub-clause (b) or clause (5), have all the powers of a civil court trying a suit and in particular in respect of the following matters, namely –
(8) (a) summonning and enforcing the attendance of any person from any part of India and examining him on oath;
(8) (b) requiring the discovery and production of any document;
(8) (c) receiving evidence on affidavits;
(8) (d) requisitioning any public record or copy thereof from any court or office;
(8) (e) issuing commissions for the examination of witnesses and documents;
(8) (f) any other matter which the President may, by rule, determine
(9) The Union and every State Government shall consult the Commission on all major policy matters affecting Scheduled Tribes.
338. Special Officer for Scheduled Castes, Scheduled Tribes, etc.
(1) There shall be a Special Officer for the Scheduled Castes and Scheduled Tribes to be appointed by the President
(2) It shall be the duty of the Special Officer to investigate all matters relating to the safeguards provided for the Scheduled Castes and Scheduled Tribes under this Constitution and report to the President upon the working of those safeguards at such intervals as the President may direct, and the President shall cause all such reports to be laid before each House of Parliament
(3) In this article references to the Scheduled Castes and Scheduled Tribes shall be construed as including references to such other backward classes as the President may, on receipt of the report of a Commission appointed under clause (1) of the Article 340, by order specify and also to the Anglo Indian community.
335. Claims of Scheduled Castes and Scheduled Tribes to services and posts The claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State.
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.
(1) The President may with respect to any State or Union Territory, and where it is a State, after consultation with the Governor threof, 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 PART XVII OFFICIAL LANGUAGE CHAPTER I LANGUAGE OF THE UNION.
(1) The President may with respect to any State or Union Territory, and where it is a State after consultation with the Governor threof, 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 aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.
16. Equality of opportunity in matters of public employment
(1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State
(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respec or, any employment or office under the State.
(3) Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office under the Government or, or any local or other authority within, a State or Union Territory, any requirement as to residence within that State or Union Territory prior to such employment or appointment.
(4) Nothing in this article shall prevent the State from makinga any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.
(5) Nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination.
15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste,sex, place of birth or any of them
(2) No citizen shall, on grounds only of religiong, race, case, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to:
(2) (a) access to shops, public restaurants, hotels and places of public entertainmentl; or
(2) (b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of general public
(3) Nothing in this article shall prevent the State from making any special provision for women and children.
(4) Nothing in this article or in clause (2) of Article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.
Sovereign means the independent authority of a state – that it has the power to legislate on any subject and that it is not subject to the control of any other State / external power.
Socialist
The term socialist used here refers to democratic socialism, i.e. achievement of socialist goals through democratic, evolutionary and non-violent means.
Secular
Secular means that the relationship between the government and religious groups are determined according to the constitution and law. It separates the power of the State and religion. There is no difference of religion. All religions are equally respected and there is no State religion. All the citizens of India are allowed to profess, practice and propagate their religions.
Democratic
The people of India elect their governments by a system of universal adult franchise, popularly known as “one person one vote“. The word democratic refers not only to political democracy but also to social and economic democracy.
Justice
Justice stands for rule of law, absence of arbitrariness and a system of equal rights, freedom and opportunities for all in a society. India seeks social, economic, and political justice to ensure equality to its citizens.
Liberty
The idea of liberty refers to the freedom on the activities of Indian nationals. This establishes that there are no reasonable restrictions on Indian citizens in term of what they think, their manner of expressions and the way they wish to follow up their thoughts in action. However, liberty does not mean freedom to do anything, and it must be exercised within the constitutional limits.
Equality
The term ‘equality‘ means the absence of special privileges to any section of society, and the provision of adequate opportunity of all the individuals without any discrimination.
Fraternity
This refers to a feeling of brotherhood and sisterhood and a sense of belonging with the country among its people. The Preamble declares that fraternity has to assure two things – the dignity of the individual and the unity and integrity of the nation. The word ‘integrity‘ has been added to the Preamble by the 42nd Constitutional Amendment (1976).
