Constitutional Provisions

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.

342. Scheduled Tribes

(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.

341. Scheduled Castes

(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.

Interpretation:

• Sovereign
  • 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).