NCSC CHAIRPERSON YET TO DECIDE ON SC SUB-CATEGORISATION

Why in the news?

The NCSC Chairperson, Kishor Makwana, has not yet formed an opinion on the Supreme Court’s ruling allowing SC sub-categorisation, amid ongoing consultations with SC communities and intellectuals.

NCSC CHAIRPERSON YET TO DECIDE ON SC SUB-CATEGORISATIONsource:99notes

Current Stance:

  • No Formed Opinion: Kishor Makwana, Chairperson of the National Commission for Scheduled Castes (NCSC), stated that the commission has not yet formed an opinion on the Supreme Court’s recent judgement allowing states to sub-categorise Scheduled Castes (SCs) for quotas.
  • Ongoing Discussions: The NCSC is currently reviewing the Supreme Court’s judgement and discussing its implications, considering the various perspectives from Scheduled Castes communities.
About Scheduled Caste:

  • Historical Definition: Defined as “depressed classes” in the 1931 Census.
  • Government of India Act, 1935: First used the term “Scheduled Caste” for socially disadvantaged groups.
  • Constitutional Definition: Article 366 defines Scheduled Castes as those identified under Article 341(1) for the purposes of the Constitution.
  • Purpose: Provides legal and constitutional recognition to castes considered socially and economically disadvantaged.

Article 341 of the Indian Constitution:

  • Empowerment: Allows the President to specify SCs in states/UTs via public notification.
  • Legislative Control: Only Parliament can make modifications to this list.
  • Purpose: Ensures that classification and modifications of SC communities are under legislative authority.

Other Constitutional Measures for Scheduled Castes:

  • Article 15(4): Allows special rules for the advancement of Scheduled Castes (SCs).
  • Article 16(4A): Provides reservation in promotions for SCs/STs in State services.
  • Article 17: Abolishes untouchability.
  • Article 46: Mandates the government to promote educational and economic interests of SCs and STs, and protect them from social injustice and exploitation.
  • Article 335: Requires consideration of SCs and STs claims while maintaining administrative efficiency.
  • Articles 330 & 332: Reserve seats for SCs and STs in the House of the People and State legislative assemblies.
  • Part IX & IXA: Ensure reservations for SCs and STs in Panchayats and Municipalities.

Creamy Layer:

  • Definition: Refers to affluent individuals within reserved categories (e.g., SCs, STs).
  • Exclusion: These individuals are excluded from certain affirmative action benefits and reservations.
  • Objective: Ensures reservations and benefits reach those with greater socio-economic need.