64-555: Banchhada (or Banchada ) is a caste in central India that is traditionally identified with prostitution and other crimes. They are listed as a Scheduled Caste for the purposes of India's reservation system and were formerly classified as a criminal tribe in the British Raj era. The Banchhada are located in the states of Madhya Pradesh and Rajasthan . Scheduled Caste The Scheduled Castes and Scheduled Tribes are officially designated groups of people and among
128-465: A governor or (in union territories) a lieutenant governor and a chief minister . Article 356 permits the president to dismiss a state government and assume direct authority if a situation arises in which state government cannot be conducted in accordance with constitution. This power, known as president's rule , was abused as state governments came to be dismissed on flimsy grounds for political reasons. After S. R. Bommai v. Union of India , such
192-428: A course of action is more difficult since the courts have asserted their right of review. The 73rd and 74th Amendment Acts introduced the system of panchayati raj in rural areas and Nagar Palikas in urban areas. Article 370 gave special status to the state of Jammu and Kashmir . Article 368 dictates the procedure for constitutional amendments . Amendments are additions, variations or repeal of any part of
256-608: A manner which is undoubtedly commendable. B. R. Ambedkar in his concluding speech in constituent assembly on 25 November 1949 stated that: The credit that is given to me does not really belong to me. It belongs partly to Sir B.N. Rau the Constitutional Advisor to the Constituent Assembly who prepared a rough draft of the Constitution for the consideration of Drafting Committee. A part of
320-561: A new constitution for the separate states. The constitution was drafted by the Constituent Assembly , which was elected by elected members of the provincial assemblies . The 389-member assembly (reduced to 299 after the partition of India ) took almost three years to draft the constitution holding eleven sessions over a 165-day period. In the constitution assembly, a member of the drafting committee, T. T. Krishnamachari said: Mr. President, Sir, I am one of those in
384-567: A notification issued under the said clause shall not be varied by any subsequent notification. Article 342 (1) The President may with respect to any State or Union Territory and where it is a State, after consultation with the Governor thereof by public notification, specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purpose of this Constitution be deemed to be Scheduled Tribes in relation to that State or Union Territory, as
448-477: A preamble and 470 articles, which are grouped into 25 parts. With 12 schedules and five appendices, it has been amended 105 times ; the latest amendment became effective on 15 August 2021. The constitution's articles are grouped into the following parts: Schedules are lists in the constitution which categorise and tabulate bureaucratic activity and government policy. The executive, legislative, and judicial branches of government receive their power from
512-484: A single constitution, single citizenship , an integrated judiciary, a flexible constitution, a strong central government , appointment of state governors by the central government, All India Services (the IAS , IFS and IPS ), and emergency provisions . This unique combination makes it quasi-federal in form. Each state and union territory has its own government. Analogous to the president and prime minister, each has
576-529: A sovereign, democratic republic with the constitution. Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392, 393, and 394 of the constitution came into force on 26 November 1949, and the remaining articles became effective on 26 January 1950 which is celebrated every year in India as Republic Day . The constitution was drawn from a number of sources. Mindful of India's needs and conditions, its framers borrowed features of previous legislation such as
640-493: A targeted flow of funds and associated benefits from the annual plan of states and Union Territories (UTs) in at least a proportion to the national SC population. Twenty-seven states and UTs with sizable SC populations are implementing the plan. Although the Scheduled Castes population according to the 2001 Census was 16.66 crores (16.23% of the total population), the allocations made through SCSP have been lower than
704-597: Is hand-written, with each page decorated by artists from Shantiniketan including Beohar Rammanohar Sinha and Nandalal Bose . Its calligrapher was Prem Behari Narain Raizada . The constitution was published in Dehradun and photolithographed by the Survey of India . Production of the original constitution took nearly five years. Two days later, on 26 January 1950, it became the law of India . The estimated cost of
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#1732779937725768-532: Is no provision for a joint session of the Lok Sabha and Rajya Sabha to pass a constitutional amendment. During a parliamentary recess, the president cannot promulgate ordinances under his legislative powers under Article 123, Chapter III . Despite the supermajority requirement for amendments to pass, the Indian constitution is the world's most frequently-amended national governing document. The constitution
832-632: Is so specific in spelling out government powers that many amendments address issues dealt with by statute in other democracies. In 2000, the Justice Manepalli Narayana Rao Venkatachaliah Commission was formed to examine a constitutional update. The commission submitted its report on 31 March 2002. However, the recommendations of this report have not been accepted by the consecutive governments. The government of India establishes term-based law commissions to recommend legal reforms, facilitating
896-668: The All Parties Conference convened a committee in Lucknow to prepare the Constitution of India, which was known as the Nehru Report . With the exception of scattered French and Portuguese exclaves, India was under the British rule from 1858 to 1947. From 1947 to 1950, the same legislation continued to be implemented as India was a dominion of United Kingdom for these three years, as each princely state
960-640: The British parliament in Article 395. India celebrates its constitution on 26 January as Republic Day . The constitution declares India a sovereign , socialist , secular , and democratic republic , assures its citizens justice , equality , and liberty , and endeavours to promote fraternity . The original 1950 constitution is preserved in a helium -filled case at the Parliament Library Building in New Delhi . In 1928,
1024-484: The Constitution (Scheduled Tribes) Order, 1950 lists 744 tribes across 22 states in its First Schedule. Since the independence of India, the Scheduled Castes and Scheduled Tribes were given Reservation status , guaranteeing political representation, preference in promotion, quota in universities, free and stipended education, scholarships, banking services, various government schemes and the Constitution lays down
1088-711: The Government of India Act 1858 , the Indian Councils Acts of 1861 , 1892 and 1909 , the Government of India Acts 1919 and 1935 , and the Indian Independence Act 1947 . The latter, which led to the creation of Pakistan , divided the former Constituent Assembly in two. The Amendment act of 1935 is also a very important step for making the constitution for two new born countries. Each new assembly had sovereign power to draft and enact
1152-784: The British-administered provinces. After independence the Constituent Assembly continued the prevailing definition of Scheduled Castes and Tribes, giving (via articles 341 and 342) the president of India and governors of the states a mandate to compile a full listing of castes and tribes (with the power to edit it later, as required). The complete list of castes and tribes was made via two orders: The Constitution (Scheduled Castes) Order, 1950 and The Constitution (Scheduled Tribes) Order, 1950 , respectively. Which are derived from colonial list and first updated in Scheduled Castes and Scheduled Tribes Lists (Modification) Order, 1956. Furthermore, independent India's quest for inclusivity
1216-416: The Constituent Assembly was ₹ 6.3 crore . The constitution has had more than 100 amendments since it was enacted. The Indian constitution is the world's longest for a sovereign nation. At its enactment, it had 395 articles in 22 parts and 8 schedules. At about 145,000 words, it is the second-longest active constitution—after the Constitution of Alabama —in the world. The amended constitution has
1280-619: The Constitution. His ability to put the most intricate proposals in the simplest and clearest legal form can rarely be equalled, nor his capacity for hard work. He has been an acquisition to the Assembly. Without his help this Assembly would have taken many more years to finalise the Constitution. I must not omit to mention the members of the staff working under Mr. Mukherjee. For, I known how hard they worked and how long they have toiled sometimes even beyond midnight. I want to thank them all for their effort and their co-operation. While deliberating
1344-410: The Government of India refrains from using derogatory and anthropologically incorrect terms. Instead, it uses the terms Anusuchit Jati (Scheduled Caste) and Anusuchit Janjati (Scheduled Tribe), as defined by the Constitution of India , for Scheduled Castes and Scheduled Tribes. In September 2018, the government "issued an advisory to all private satellite channels asking them to refrain from using
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#17327799377251408-543: The House who have listened to Dr. Ambedkar very carefully. I am aware of the amount of work and enthusiasm that he has brought to bear on the work of drafting this Constitution. At the same time, I do realise that that amount of attention that was necessary for the purpose of drafting a constitution so important to us at this moment has not been given to it by the Drafting Committee. The House is perhaps aware that of
1472-505: The Indian Reservation policy. Hence, these societies usually forge their community certificate as Hindus and practice Christianity or Islam, afraid for their loss of reservation. [REDACTED] This article incorporates text from this source, which is in the public domain : Constitution of India. Constitution of India The Constitution of India is the supreme legal document of India . The document lays down
1536-565: The Scheduled Tribes is defined as: Such tribes or tribal communities or part of or groups within such tribes or tribal communities as are deemed under Article 342 to the Scheduled Tribes for the purposes of this [Indian] Constitution. Article 341 (1) The President may with respect to any State or Union Territory and where it is a State after consultation with the Governor thereof, by public notification specify
1600-582: The Varna system. Since the 1850s, these communities were loosely referred to as Depressed Classes, with the Scheduled Castes and Scheduled Tribes. The early 20th century saw a flurry of activity in the British authorities assessing the feasibility of responsible self-government for India. The Morley–Minto Reforms Report , Montagu–Chelmsford Reforms Report and the Simon Commission were several initiatives in this context. A highly contested issue in
1664-671: The assembly, which had over 30 representatives of the scheduled classes . Frank Anthony represented the Anglo-Indian community , and the Parsis were represented by H. P. Modi. Harendra Coomar Mookerjee , a Christian assembly vice-president, chaired the minorities committee and represented non-Anglo-Indian Christians. Ari Bahadur Gurung represented the Gorkha community. Judges, such as Alladi Krishnaswamy Iyer , Benegal Narsing Rau , K. M. Munshi and Ganesh Mavlankar were members of
1728-427: The assembly, committees were proposed. Rau's draft was considered, debated and amended by the seven-member drafting committee, which was appointed on 29 August 1947 with B. R. Ambedkar as chair. A revised draft constitution was prepared by the committee and submitted to the assembly on 4 November 1947. Before adopting the constitution, the assembly held eleven sessions in 165 days. On 26 November 1949, it adopted
1792-495: The assembly. Female members included Sarojini Naidu , Hansa Mehta , Durgabai Deshmukh , Amrit Kaur and Vijaya Lakshmi Pandit . The first, two-day president of the assembly was Sachchidananda Sinha ; Rajendra Prasad was later elected president. It met for the first time on 9 December 1946. Sir B. N. Rau , a civil servant who became the first Indian judge in the International Court of Justice and
1856-456: The basic structure doctrine. The extent of land ownership and practice of a profession, in this case, were considered fundamental rights. The ruling was overturned with the ratification of the 24th Amendment in 1971. The judiciary is the final arbiter of the constitution. Its duty (mandated by the constitution) is to act as a watchdog, preventing any legislative or executive act from overstepping constitutional bounds. The judiciary protects
1920-412: 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 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. In a broader sense, the term 'Scheduled' refers to
1984-470: 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 of any caste, race or tribe or part of or group within any caste, race or tribe, but save as aforesaid
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2048-568: The commission established by the Ministry of Welfare's Resolution of 1989. In 2003, the Constitution was again amended to divide the National Commission for Scheduled Castes and Scheduled Tribes into two commissions: the National Commission for Scheduled Castes and the National Commission for Scheduled Tribes. Due to the spread of Christianity and Islam among scheduled caste communities, the converted individuals are not protected under
2112-531: The constitution and are bound by it. With the aid of its constitution, India is governed by a parliamentary system of government with the executive directly accountable to the legislature . The constitution is considered federal in nature, and unitary in spirit. It has features of a federation, including a codified , supreme constitution; a three-tier governmental structure (central, state and local); division of powers ; bicameralism ; and an independent judiciary . It also possesses unitary features such as
2176-406: The constitution by Parliament. An amendment bill must be passed by each house of Parliament by a two-thirds majority of its total membership when at least two-thirds are present and vote. Certain amendments pertaining to the constitution's federal nature must also be ratified by a majority of state legislatures. Unlike ordinary bills in accordance with Article 245 (except for money bills ), there
2240-496: The constitution to the limit of its basic structure. The Supreme Court or a high court may declare the amendment null and void if this is violated, after a judicial review . This is typical of parliamentary governments, where the judiciary checks parliamentary power. In its 1967 Golak Nath v. State of Punjab decision, the Supreme Court ruled that the state of Punjab could not restrict any fundamental rights protected by
2304-528: The constitution, which was signed by 284 members. The day is celebrated as National Law Day, or Constitution Day . The day was chosen to spread the importance of the constitution and to spread thoughts and ideas of Ambedkar. The assembly's final session convened on 24 January 1950. Each member signed two copies of the constitution, one in Hindi and the other in English. The original constitution
2368-441: The constitution. According to the doctrine, the constitution's basic features (when "read as a whole") cannot be abridged or abolished. These "basic features" have not been fully defined, and whether a particular provision of the constitution is a "basic feature" is decided by the courts. The Kesavananda Bharati v. State of Kerala decision laid down the constitution's basic structure: This implies that Parliament can only amend
2432-465: The credit must go to the members of the Drafting Committee who, as I have said, have sat for 141 days and without whose ingenuity to devise new formulae and capacity to tolerate and to accommodate different points of view, the task of framing the Constitution could not have come to so successful a conclusion. Much greater share of the credit must go to Mr. S. N. Mukherjee , the Chief Draftsman of
2496-407: The derogatory nomenclature 'Dalit', though rights groups and intellectuals have come out against any shift from 'Dalit' in popular usage". The Scheduled Castes and Scheduled Tribes comprise about 16.6% and 8.6%, respectively, of India's population (according to the 2011 census ). The Constitution (Scheduled Castes) Order, 1950 lists 1,108 castes across 28 states in its First Schedule, and
2560-429: The framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights , directive principles , and the duties of citizens. It is the longest written national constitution in the world. It imparts constitutional supremacy (not parliamentary supremacy , since it was created by a constituent assembly rather than Parliament ) and
2624-444: The fundamental rights of the people (enshrined in the constitution) from infringement by any state body, and balances the conflicting exercise of power between the central government and a state (or states). The courts are expected to remain unaffected by pressure exerted by other branches of the state, citizens or interest groups. An independent judiciary has been held as a basic feature of the constitution, which cannot be changed by
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2688-414: The general principles of positive discrimination for SCs and STs. As per Article 366 (24) of Constitution of India the Scheduled Castes is defined as: Such castes , races or tribes or part of or groups within such castes, races or tribes as are deemed under Article 341 to be Scheduled Castes for the purpose of this [Indian] constitution. As per Article 366 (25) of Constitution of India
2752-519: The government on broad policy issues and the development levels of SCs and STs. Now it is included in Article 342. In 1990, Article 338 was amended for the National Commission for SCs and STs with the Constitution (Sixty fifth Amendment) Bill, 1990 . The first commission under the 65th Amendment was constituted in March 1992, replacing the Commissioner for Scheduled Castes and Scheduled Tribes and
2816-707: The larger community, and overall backwardness. The scheduling process refers back to the definitions of communities used in the colonial census along with modern anthropological study and is guided by Article 341 and 342 . Per the first clause of Article 341 and 342 , the list of Scheduled communities is subject to specific state and union territory , with area restrictions to districts , subdistricts , and tehsils . Furthermore, members of Scheduled Communities are entitled based on religious criteria: Scheduled Castes must be adherents of Hinduism , Sikhism , or Buddhism , whereas Scheduled Tribes can belong to any religion to be recognized as Scheduled. The evolution of
2880-419: The legal list of specific castes and tribes of the states and union territories, as enacted in the Constitution of India , with the purpose of social justice by ensuring social security, and providing adequate representation in education, employment, and governance to promote their upliftment and integration into mainstream society. The process of including and excluding communities, castes, or tribes to/from
2944-519: The legislature or the executive. Article 50 of the Constitution provides that the state must take measures to separate the judiciary from the executive in the public services. Judicial review was adopted by the constitution of India from judicial review in the United States . In the Indian constitution, judicial review is dealt with in Article 13 . The constitution is the supreme power of
3008-520: The list of Scheduled Castes and Scheduled Tribes adheres to certain silent criteria and procedures established by the Lokur committee in 1965. For Scheduled Castes (SCs), the criteria involve extreme social, educational, and economic backwardness resulting from the practice of untouchability . On the other hand, Scheduled Tribes (STs) are identified based on indications of primitive traits, distinctive culture, geographical isolation, shyness of contact with
3072-614: The lower caste into the modern-day Scheduled Castes is complex. The caste system as a stratification of classes in India originated about 2,000 years ago, and has been influenced by dynasties and ruling elites, including the Mughal Empire and the British Raj. The Hindu concept of Varna historically incorporated occupation-based communities. Some low-caste groups, such as those formerly called untouchables who constitute modern-day Scheduled Castes, were considered outside
3136-560: The most disadvantaged socio-economic groups in India . The terms are recognized in the Constitution of India and the groups are designated in one or other of the categories. For much of the period of British rule in the Indian subcontinent , they were known as the Depressed Classes. In modern literature, many castes under the Scheduled Castes category are sometimes referred to as Dalit , meaning "broken" or "dispersed" for
3200-688: The nation, and governs all laws. According to Article 13 : Due to the adoption of the Thirty-eighth Amendment , the Supreme Court was not allowed to preside over any laws adopted during a state of emergency which infringe fundamental rights under article 32 (the right to constitutional remedies). The Forty-second Amendment widened Article 31C and added Articles 368(4) and 368(5), stating that any law passed by Parliament could not be challenged in court. The Supreme Court ruled in Minerva Mills v. Union of India that judicial review
3264-646: The president. Seventeen regional offices of the Commissioner were established throughout the country. There was an initiative to replace the Commissioner with a committee in the 48th Amendment to the Constitution, changing Article 338. While the amendment was being debated, the Ministry of Welfare established the first committee for SCs and STs (with the functions of the Commissioner) in August 1978. These functions were modified in September 1987 to include advising
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#17327799377253328-498: The proportional population. A strange factor has emerged of extremely lowered fertility of scheduled castes in Kerala , due to land reform, migrating ( Kerala Gulf diaspora ) and democratization of education. In the original Constitution, Article 338 provided for a special officer (the Commissioner for SCs and STs) responsible for monitoring the implementation of constitutional and legislative safeguards for SCs and STs and reporting to
3392-496: The proposed reforms was the reservation of seats for representation of the Depressed Classes in provincial and central legislatures. In 1935, the UK Parliament passed the Government of India Act 1935 , designed to give Indian provinces greater self-rule and set up a national federal structure. The reservation of seats for the Depressed Classes was incorporated into the act, which came into force in 1937. The Act introduced
3456-619: The revised draft constitution, the assembly moved, discussed and disposed off 2,473 amendments out of a total of 7,635. G. V. Mavlankar was the first Speaker of the Lok Sabha (the lower house of Parliament) after India turned into a republic. B. R. Ambedkar , Sanjay Phakey, Jawaharlal Nehru , C. Rajagopalachari , Rajendra Prasad , Vallabhbhai Patel , Kanaiyalal Maneklal Munshi , Ganesh Vasudev Mavalankar , Sandipkumar Patel, Abul Kalam Azad , Shyama Prasad Mukherjee , Nalini Ranjan Ghosh , and Balwantrai Mehta were key figures in
3520-483: The rule of law. In Kesavananda Bharati v. State of Kerala , the Supreme Court ruled that an amendment cannot destroy what it seeks to modify; it cannot tinker with the constitution's basic structure or framework, which are immutable. Such an amendment will be declared invalid, although no part of the constitution is protected from amendment; the basic structure doctrine does not protect any one provision of
3584-578: The safeguards built into the Constitution and other legislation, the Constitution under Articles 338 and 338A provides for two constitutional commissions: the National Commission for Scheduled Castes , and the National Commission for Scheduled Tribes . The chairpersons of both commissions sit ex officio on the National Human Rights Commission . The Constitution provides a three-pronged strategy to improve
3648-643: The seven members nominated by you, one had resigned from the House and was replaced. One died and was not replaced. One was away in America and his place was not filled up and another person was engaged in State affairs, and there was a void to that extent. One or two people were far away from Delhi and perhaps reasons of health did not permit them to attend. So it happened ultimately that the burden of drafting this constitution fell on Dr. Ambedkar and I have no doubt that we are grateful to him for having achieved this task in
3712-401: The situation of SCs and STs: The Scheduled Castes Sub-Plan (SCSP) of 1979 mandated a planning process for the social, economic and educational development of Scheduled Castes and improvement in their working and living conditions. It was an umbrella strategy, ensuring the flow of targeted financial and physical benefits from the general sector of development to the Scheduled Castes. It entailed
3776-538: The term "Scheduled Castes", defining the group as "such castes, parts of groups within castes, which appear to His Majesty in Council to correspond to the classes of persons formerly known as the 'Depressed Classes', as His Majesty in Council may prefer". This discretionary definition was clarified in The Government of India (Scheduled Castes) Order, 1936 , which contained a list (or Schedule) of castes throughout
3840-483: The untouchables. The term having been popularised by the Dalit leader B. R. Ambedkar during the independence struggle. Ambedkar preferred the term Dalit over Gandhi 's term Harijan , meaning "people of Hari " ( lit. ' Man of God ' ). Similarly, the Scheduled Tribes are often referred to as Adivasi (earliest inhabitants), Vanvasi (inhabitants of forest) and Vanyajati (people of forest). However,
3904-552: Was president of the United Nations Security Council , was appointed as the assembly's constitutional adviser in 1946. Responsible for the constitution's general structure, Rau prepared its initial draft in February 1948. The draft of B.N. Rau consisted of 243 articles and 13 schedules which came to 395 articles and 8 schedules after discussions, debates and amendments. At 14 August 1947 meeting of
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#17327799377253968-583: Was adopted by its people with a declaration in its preamble . Parliament cannot override the constitution . It was adopted by the Constituent Assembly of India on 26 November 1949 and became effective on 26 January 1950. The constitution replaced the Government of India Act 1935 as the country's fundamental governing document, and the Dominion of India became the Republic of India . To ensure constitutional autochthony , its framers repealed prior acts of
4032-550: Was convinced by Sardar Patel and V. P. Menon to sign the articles of integration with India, and the British Government continued to be responsible for the external security of the country. Thus, the constitution of India repealed the Indian Independence Act 1947 and Government of India Act 1935 when it became effective on 26 January 1950. India ceased to be a dominion of the British Crown and became
4096-431: Was incident through the appointment of B. R. Ambedkar as the chairman of the drafting committee for the Constitution. Ambedkar was a scheduled caste constitutional lawyer, a member of the low caste. After 15 years since the first amendment listing Scheduled Castes and Scheduled Tribes, the government adopted updated criteria for inclusion and exclusion based on the Lokur committee report of 1965. To effectively implement
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