corporate law

Amendments to Scheduled Castes and Scheduled Tribes Orders in 2022

Overview of Bill No. 91

The Constitution (Scheduled Castes and Scheduled Tribes) Orders (Second Amendment) Bill, 2022 seeks to refine the constitutional provisions related to Scheduled Castes and Scheduled Tribes. Gazetted on December 24, 2022 (No. 20 of 2022), this Act is effective immediately. This particular amendment is part of a broader revision of the ST list during 2022, which included changes pertaining to Tamil Nadu (Narikoravan/Kurivikkaran) and Karnataka (Betta-Kuruba).

Short Title

  1. The official title of the Act is the Constitution (Scheduled Castes and Scheduled Tribes) Orders (Second Amendment) Act, 2022.

Definitions

  1. Important terms are defined within the Act as follows:
    • Scheduled Castes Order: Refers to the Constitution (Scheduled Castes) Order, 1950.
    • Scheduled Tribes Order: Refers to the Constitution (Scheduled Tribes) (Uttar Pradesh) Order, 1967.

Amendments

  1. Amendments to the Scheduled Castes Order:

    • Amendments to the Scheduled Castes Order will be made as specified in the First Schedule.

  2. Amendments to the Scheduled Tribes Order:

    • Changes to the Scheduled Tribes Order will be detailed in the Second Schedule.

Statement of Objects and Reasons

  1. Definition of Scheduled Castes and Scheduled Tribes:

    • Under clause (24) of Article 366 of the Constitution, Scheduled Castes are defined, while Scheduled Tribes are defined in clause (25) of the same Article.

  2. Provision under Articles 341 and 342:

    • Article 341 grants the President the power to identify Scheduled Castes via public notification.
    • Article 342 provides similar authority regarding Scheduled Tribes.

  3. The inaugural lists of Scheduled Castes and Scheduled Tribes were published in 1950, with subsequent modifications implemented by the Constitution Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 2002. The Government of Uttar Pradesh has proposed revisions regarding the Gond community in recently established districts.

  4. Proposed Modifications:

    • The Bill seeks to revise the lists of Scheduled Castes and Scheduled Tribes for Uttar Pradesh by:
      • Removing the Gond community from entry 36 in certain districts.
      • Adding the Gond, Dhuria, Nayak, Ojha, Pathari, and Rajgond communities to entry 6 for designated districts.

  5. Objectives:

    • The primary aim of the Bill is to implement the proposed changes to the lists effectively.

Financial Memorandum

The Bill proposes to amend the existing Orders related to the lists of Scheduled Castes and Scheduled Tribes in Uttar Pradesh. While the exact financial implications of the benefits for the affected communities cannot be determined at this point, any related expenditures will be accounted for within the current governmental budget.

Annexure

Extracts from Relevant Orders

Extract from the Constitution (Scheduled Castes) Order, 1950 (C.O. 19)

  • Entry 36 (Part XVIII)—Uttar Pradesh: Gond (excluding certain districts).

Extract from the Constitution (Scheduled Tribes) (Uttar Pradesh) Order, 1967 (C.O. 78)

  • Entry 6: Gond, Dhuria, Nayak, Ojha, Pathari, Raj Gond (in specified districts).