Special Provision for Certain Classes is part of Indian Polity and Governance. Below are notes on 14 sub-topics, followed by practice MCQs from State PSC and UPSC papers.

Administration of Scheduled and Tribal Areas (Fifth and Sixth Schedules)

  • Fifth Schedule: Administration & control of Scheduled Areas and Scheduled Tribes (STs) in any State except Assam, Meghalaya, Tripura, Mizoram (AMTM).
  • Sixth Schedule: Administration of Tribal Areas in the states of Assam, Meghalaya, Tripura, Mizoram (AMTM).
  • Scheduled Areas (Fifth Schedule):
    • Declaration: President declares an area as a Scheduled Area.
    • Criteria for Declaration: Preponderance of tribal population, compactness & reasonable size of the area, underdeveloped nature, and marked disparity in economic standards.
    • Executive Power: Union Government can give directions to states regarding the administration of Scheduled Areas.
    • Governor's Role:
      • Submits an annual report to the President on the administration of Scheduled Areas.
      • Can make regulations for the peace and good government of Scheduled Areas (e.g., prohibiting/restricting land transfer by/ among STs, regulating money lending).
      • Must consult the Tribes Advisory Council (TAC) before making such regulations.
      • Can direct that any Act of Parliament or State Legislature applies to a Scheduled Area with specified modifications/exceptions, or does not apply at all.
      • Has discretionary power to establish a Tribes Advisory Council (TAC) in a state with STs but without Scheduled Areas.
    • Tribes Advisory Council (TAC):
      • Mandatory in states with Scheduled Areas, discretionary in states with STs but no Scheduled Areas.
      • Consists of 10-20 members, about three-fourths of whom are ST MLAs.
      • Advises the Governor on matters pertaining to the welfare and advancement of STs.
    • Primary Consequence: Prevents the transfer of land of tribal people to non-tribal people.
  • Tribal Areas (Sixth Schedule):
    • Structure: Tribal areas are constituted as Autonomous Districts. Governor can alter/reorganize these districts.
    • Autonomous District Councils (ADCs) & Regional Councils (RCs): Each autonomous district has a District Council; some districts divided into autonomous regions also have Regional Councils.
    • Composition of Councils: Up to 30 members; 4 nominated by the Governor, the rest elected.
    • Tenure of Elected Members: 5 years from the date appointed for the first meeting of the Council after the election (unless dissolved earlier).
    • Powers & Functions: ADCs and RCs have legislative, executive, and judicial powers within their jurisdiction.
      • Legislative: Make laws on land (excluding reserved forests), forest management, watercourses, shifting cultivation, village administration, inheritance of property, marriage, social customs, etc.
      • Judicial: Constitute village councils/courts for trial of certain civil and criminal cases.
      • Executive: Administer primary schools, dispensaries, markets, fisheries, roads, etc.
      • Financial: Assess and collect land revenue, impose certain taxes (e.g., on professions, trades, animals, vehicles, entry of goods).
    • Applicability of Laws: Acts of Parliament or State Legislature do not apply to autonomous districts and regions, or apply with modifications/exceptions, as directed by the Governor (or President in certain specific matters).
    • Governor's Role: Can approve/veto laws passed by councils; has powers to dissolve councils or take over functions if elections are impractical or councils are not functioning properly.
  • Panchayats Extension to the Scheduled Areas (PESA) Act, 1996:
    • Extends Part IX of the Constitution (Panchayats) to the Scheduled Areas with certain modifications.
    • Applicable States: 10 states: Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, and Telangana.
    • Objectives: Safeguard and preserve the traditions and customs of tribal communities, and give more powers to the Gram Sabha.
    • Gram Sabha Powers: Empowered to approve plans, programmes, and projects for social and economic development; identify beneficiaries; control minor forest produce; regulate money lending, etc.
  • Special Provisions for States (Articles 371-371J - relevant points from MCQs):
    • Article 371C (Manipur): Special provisions for Manipur. President can provide for a committee of the Manipur Legislative Assembly consisting of members from the hill areas. (Added by 27th Amendment Act, 1971).
    • Article 371D & 371E (Andhra Pradesh): Special provisions for Andhra Pradesh and establishment of a Central University in Andhra Pradesh. (Inserted by 32nd Amendment Act, 1973).
    • Article 371G (Mizoram): No Act of Parliament concerning religious/social practices of Mizos, Mizo customary law/procedure, administration of civil/ criminal justice (involving Mizo customary law), and ownership/transfer of land, shall apply to Mizoram unless its Legislative Assembly decides by resolution. ("Ownership and transfer of natural resources" is not a separate explicit category, only "ownership and transfer of land").
  • Article 244(1): States that the provisions of the Fifth Schedule shall not apply to the states of Assam, Meghalaya, Tripura, and Mizoram.

Constitutional basis for special provisions

  • Article 340: Empowers the President to appoint a Commission to investigate the conditions of backward classes.
  • Article 341: Authorizes the President to specify Scheduled Castes (SCs) for a state/ UT after consulting the Governor. Parliament can include/exclude from this list.
  • Article 342: Authorizes the President to specify Scheduled Tribes (STs) for a state/UT after consulting the Governor. Parliament can include/exclude from this list.
  • Article 342A: Authorizes the President to specify Socially and Educationally Backward Classes (SEBCs) for a state/UT after consulting the Governor. Parliament can include/ exclude from this list. (Added by 102nd Constitutional Amendment Act, 2018).
  • President of India: Is the constitutional authority vested with the power of declaring castes and tribes as SCs/STs.
  • Special Status Criteria (General): Hilly/ difficult terrain, low population density/ sizeable tribal population, strategic location along international borders, economic/infrastructural backwardness, distinctive cultural/ economic interests. (Sizeable SC/ST population alone is not a generally accepted primary parameter for special category status like Hilly terrain or strategic location).
  • Article 370: Dealt with the special constitutional position of Jammu and Kashmir (abrogated w.e.f. August 5, 2019).
  • Article 371: Special provisions for Maharashtra and Gujarat.
  • Article 371A: Special provisions for Nagaland.
  • Article 371B: Special provisions for Assam.
  • Article 371C: Special provisions for Manipur (includes a committee of MLAs from the Hill Areas).
  • Article 371D: Special provisions for Andhra Pradesh and Telangana (equitable opportunities in public employment and education, Administrative Tribunal).
  • Article 371E: Establishment of a Central University in Andhra Pradesh.
  • Article 371F: Special provisions for Sikkim.
  • Article 371G: Special provisions for Mizoram.
  • Article 371H: Special provisions for Arunachal Pradesh (special responsibility of Governor re: law and order).
  • Article 371I: Special provisions for Goa.
  • Article 371J: Special provisions for Karnataka (Hyderabad-Karnataka region).
  • States not covered by Article 371 (including A-J series): Kerala, Madhya Pradesh.

Constitutional safeguards and welfare schemes for backward classes

  • Protection of Civil Rights Act, 1955 & Rules, 1977: Enacted to abolish untouchability and prohibit its practice.
  • Implementing Central Ministries (Protection of Civil Rights Rules, 1977): Ministry of Home Affairs and Ministry of Social Justice & Empowerment.

National Commission for Backward Classes

  • First Backward Classes Commission (1953): Chaired by Kaka Kalelkar.
  • Second Backward Classes Commission (1979): Chaired by B.P. Mandal (Mandal Commission).
  • National Commission for Backward Classes (NCBC):
  • Initially a statutory body (1993) under the NCBC Act, 1993.
  • Became a constitutional body with the 102nd Constitutional Amendment Act, 2018.
  • Article 338B deals with the NCBC.
  • Composition: Chairperson, Vice-Chairperson, and three other members (appointed by the President). At least one woman member.
  • Functions: Investigate & monitor safeguards for SEBCs; inquire into specific complaints; advise on socio-economic development; present reports to the President.
  • Powers: Has powers of a civil court for inquiries.
  • Article 342A: President specifies SEBCs for states/UTs (after consulting Governor for states). Parliament can modify the list by law.
  • Article 366(26C): Defines "socially and educationally backward classes."

National Commission for Scheduled Castes

  • Constitutional Basis: Article 338 of the Indian Constitution mandates the formation of the National Commission for Scheduled Castes (NCSC).
  • Evolution:
    • Initially, a Special Officer for SCs and STs was provided under Article 338.
    • The 65th Amendment Act of 1990 replaced the Special Officer with a multi-member National Commission for SCs and STs.
    • The 89th Amendment Act of 2003 bifurcated this into two separate commissions:
      • National Commission for Scheduled Castes (NCSC) under Article 338.
      • National Commission for Scheduled Tribes (NCST) under Article 338A.
  • Composition: Consists of a Chairperson, a Vice-Chairperson, and three other members. They are appointed by the President by warrant under his hand and seal.
  • Functions: Investigates and monitors all matters relating to the constitutional and other legal safeguards for SCs, inquires into specific complaints regarding deprivation of rights, advises on socio-economic development, and participates in planning processes.
  • Reporting Authority: Presents its annual report to the President, who then places it before each House of Parliament.
  • Powers: The Commission has the powers of a civil court in investigating matters.
  • Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: An offense committed under this Act is investigated by a police officer not below the rank of DSP (Deputy Superintendent of Police).

National Commission for Scheduled Tribes

  • Constitutional Provision: Established under Article 338-A of the Indian Constitution.
  • Nature: It is a Constitutional Body.
  • Origin: Created by the 89th Constitutional Amendment Act, 2003, by bifurcating the National Commission for Scheduled Castes and Scheduled Tribes (which was earlier under Article 338).
  • Establishment Year: Came into existence in 2004 as a separate body.
  • Composition: Consists of a Chairperson, a Vice-Chairperson, and three other Members.
  • Appointment: The Chairperson, Vice-Chairperson, and all other Members are appointed by the President by warrant under his hand and seal.
  • Service Conditions & Tenure: Determined by the President.
  • Mandate: To investigate, monitor, and evaluate all matters relating to the safeguards provided for Scheduled Tribes (STs) under the Constitution or any other law, inquire into specific complaints, participate in and advise on planning for their socio-economic development, and present reports to the President.

Reservation of seats in Parliament and State Legislatures

  • Reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) in Lok Sabha is provisioned under Article 330.
  • Reservation of seats for SCs and STs in State Legislative Assemblies is provisioned under Article 332.
  • The original period of reservation (Article 334) was 10 years from the commencement of the Constitution.
  • The reservation period for SCs and STs in Lok Sabha and State Assemblies has been extended periodically, most recently by the 104th Constitutional Amendment Act, 2019, until January 25, 2030.
  • The 104th Constitutional Amendment Act, 2019, discontinued the special provision for the nomination of Anglo-Indians to Lok Sabha (Article 331) and State Legislative Assemblies (Article 333).
  • Total 84 seats are reserved for SCs in Lok Sabha.
  • Total 47 seats are reserved for STs in Lok Sabha.
  • The reservation of seats for SCs and STs is based on their population proportion to the total population of the concerned state or union territory.
  • Madhya Pradesh has the largest number of seats reserved for STs in Lok Sabha, with 6 seats.
  • For Karnataka Lok Sabha: Out of 28 seats, 5 seats are reserved for SCs and 2 for STs.
  • For Karnataka State Assembly: Out of 224 seats, 36 seats are reserved for SCs and 15 for STs.
  • For Jammu & Kashmir Assembly (post-delimitation): Out of 90 seats, 7 seats are reserved for SCs and 9 for STs.

Reservation policy in education and public employment

  • Indira Sawhney Vs. Union of India (1992) judgement: Primarily related to reservation for Other Backward Classes (OBCs).
  • Indira Sawhney case upheld 27% OBC reservation (excluding 'creamy layer'), imposed 50% overall reservation ceiling, and ruled against reservation in promotions.
  • Article 15(4): State can make special provisions for the advancement of SCs and STs, including for admission to educational institutions.
  • Article 15(5) (93rd Amendment, 2005): State can make special provisions for SCs, STs, and OBCs for admission to educational institutions, including private unaided, but EXCLUDING minority educational institutions as per Article 30(1).
  • Right to Education (RTE) Act, 2009: Mandates unaided schools to admit 25% students from weaker sections/disadvantaged groups in Class I or pre-school.
  • Article 16(4A) (77th Amendment, 1995, and 85th Amendment, 2001): Deals with reservations in promotion for SCs and STs.
  • Article 16(4B) (81st Amendment, 2000): Deals with the 'Carry Forward Rule' for unfilled reserved vacancies, treating them as a separate class, not subject to the 50% limit in the year of filling.
  • Central Educational Institutions (Reservation in Admissions) Act, 2006 (providing 27% OBC reservation): Challenged in Ashok Kumar Thakur V. Union of India (2008). Supreme Court upheld the Act, reiterating exclusion of 'creamy layer'.
  • 'Carry Forward Rule' was held ultra-vires in Devadasan Vs. Union of India (1964) for violating the 50% reservation limit, prior to the 81st Amendment.

Special provisions for Anglo-Indians

  • Definition (Art. 366(2)): A person whose father or any other male progenitor in the male line is or was of European descent but who is domiciled within India and is or was born in British India or of parents habitually resident in India.
  • Lok Sabha Representation (Art. 331): The President could nominate up to 2 members of the Anglo-Indian community to the Lok Sabha if he was of the opinion that the community was not adequately represented.
  • State Legislative Assembly Representation (Art. 333): The Governor could nominate 1 member of the Anglo-Indian community to the Legislative Assembly of a State if he was of the opinion that the community needed representation and was not adequately represented.
  • Duration of Representation Provisions (Art. 334): These special provisions for nomination were initially for 10 years from the commencement of the Constitution and were extended periodically.
  • Current Status of Representation (104th CAA, 2019): The provisions for nomination of Anglo-Indians to Lok Sabha (Art. 331) and State Legislative Assemblies (Art. 333) were not extended beyond January 25, 2020, by the 104th Constitutional Amendment Act, 2019, thereby discontinuing them.
  • Special Provisions for Services (Art. 336): For a limited period (initially 10 years from commencement, with gradual reduction), the Anglo-Indian community had reserved posts in certain central services, particularly in railways, customs, postal, and telegraph departments.
  • Educational Grants (Art. 337): Special provisions for grants to educational institutions for the benefit of the Anglo-Indian community were provided for a limited period, with a gradual reduction over time.

Special provisions for Minorities (Religious and Linguistic)

The term 'Minority' (religious or linguistic) is 1. not defined in the Indian Constitution. Constitutional Provisions: 2.

    • Article 29: Protection of interests of minorities. Guarantees any section of citizens residing in India with a distinct language, script, or culture the right to conserve the same. Prohibits discrimination in admission to statemaintained or state-aided educational institutions based on religion, race, caste, or language.
    • Article 30: Rights of minorities (religious and linguistic) to establish and administer educational institutions of their choice. The State shall not discriminate against any educational institution managed by a minority, whether based on religion or language, in granting aid.
    • Article 350B: Special Officer for Linguistic Minorities.
      • Added by the 7th Constitutional Amendment Act, 1956.
      • Appointed by the President of India.
      • Duties: To investigate all matters relating to safeguards provided for linguistic minorities under the Constitution and report directly to the President.
      • This provision is for a central officer, not for a post in "every State". National Commission for Minorities 3. (NCM):
    • Established under the National Commission for Minorities Act, 1992.
    • It is a statutory body, not a constitutional body. Other Related Acts/Programmes: 4.
    • The National Commission for Backward Classes (NCBC) Act: 1993 (initially statutory; later constitutionalized).
    • Child Labour (Prohibition and Regulation Act): 1986.
    • Persons with Disabilities (Equal opportunities, Protection of Rights and full Participation) Act: 1995.
    • PM's 15-point Programme (2006): A comprehensive scheme aimed at the welfare and upliftment of religious minorities. Entitlements/Rights for Minorities: 5.
    • They can establish and administer exclusive educational institutions (Article 30).
    • They can derive benefit from government welfare programmes, such as the PM's 15-point Programme.
    • There is no automatic nomination of a member by the President in Lok Sabha for religious minorities (the provision for Anglo-Indians under Article 331 has been discontinued).

Special provisions for Other Backward Classes (OBCs)

  • Constitutional Provisions:
    • Article 15(4): Empowers state to make special provisions for advancement of any Socially and Educationally Backward Classes (SEBCs) or for SCs/STs.
    • Article 16(4): Empowers state to make provisions for reservation of appointments/posts in favour of any backward class of citizens not adequately represented in state services.
  • Mandal Commission (Second Backward Classes Commission):
    • Appointed in 1979 by Morarji Desai government.
    • Headed by B.P. Mandal.
    • Submitted report in 1980.
    • Recommended 27% reservation for OBCs in central government services and public sector undertakings.
    • Report implemented in 1990 by V.P. Singh government.
  • Indira Sawhney & Others vs. Union of India (1992) / "Mandal Case":
    • Supreme Court upheld 27% reservation for OBCs.
    • Introduced and mandated the "creamy layer" exclusion from OBC reservations.
    • Ruled total reservation should generally not exceed 50%.
  • Creamy Layer:
    • Concept introduced by SC in Indira Sawhney case (1992).
    • Justice Ramnandan Committee constituted by government (on SC direction) to identify creamy layer criteria.
    • Persons excluded (cannot avail OBC reservations):
      • Holders of constitutional posts (e.g., President, Vice-President, SC/HC Judges).
      • Armed forces officers of rank Colonel and above, and equivalent in Navy/Air Force.
      • Group 'A' / Class I Officers (and directly recruited Group B) in central/state services, PSUs, Universities, etc.
      • Professionals (doctors, engineers, lawyers, artists, etc.) or persons engaged in trade/business/industry with specified income/wealth.
      • Persons whose parents have a gross annual income (excluding salaries and agricultural income) above Rs. 8 lakhs (revised 2017).
    • Hindi equivalent: समुन्नत स्विगर्ग (Samunnat Varg).
  • Other Facts:
    • Gurkhas were granted OBC status in Uttarakhand in 2003.

Special provisions for Scheduled Castes (SCs)

  • Constitutional Provisions:
    • Article 17: Abolition of Untouchability.
    • Article 340: President to appoint a Commission to investigate the conditions of socially and educationally backward classes.
    • Article 341:
      • President, after consultation with the Governor of the concerned State, may specify castes, races, or tribes (or groups/parts within them) to be Scheduled Castes (SCs) for that State/UT.
      • Parliament can, by law, include in or exclude from the list of SCs specified in a Presidential notification.
  • Statutory Provisions:
    • The Protection of Civil Rights Act, 1955:
      • Aims to abolish 'untouchability' and punish its practice.
      • Section 5: Punishes refusal of admission to any person to any hospital, dispensary, or educational institution on the ground of untouchability.
      • Section 12: Court shall presume that the offence is committed on the ground of "untouchability" if it relates to a member of Scheduled Castes only.
    • The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (PoA Act):
      • Came into force on 30 January 1990.
      • Offences under this Act are committed by a person who is not a member of Scheduled Caste or Scheduled Tribe.
      • Section 2(bb): Defines "Dependent".
      • Section 2(d): Defines "Exclusive Special Court" (as established under Section 14(1)).
      • Section 2(ec): Defines "Victim".
      • Section 14: Provides for the arrangement of a Special Court and Exclusive Special Court for speedy trial.
      • Investigating Officer: Must submit report for offences committed under the Act within 30 days.
      • Appeals: An appeal from any judgment, sentence, or order to the High Court lies both on facts and on law.
  • Identification of SCs:
    • The authority to specify which castes shall be deemed to be Scheduled Castes rests with the President.
    • Parliament has the right to decide who will be included in the list of Scheduled Castes and Scheduled Tribes, by law.
  • Demographics (Census of India 2011):
    • States and Union Territories that do not have a Scheduled Caste population: Nagaland, Lakshadweep, Andaman and Nicobar Islands, Mizoram, Arunachal Pradesh.

Special provisions for Scheduled Tribes (STs)

  • The Constitution (Scheduled Tribes) Order (Second Amendment) Bill, 2019 included Parivara, Talwara, and Siddi communities as Scheduled Tribes in Karnataka.
  • Ministry of Tribal Affairs is the nodal agency for the effective implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
  • The President, not the Governor, issues a public notification specifying the Scheduled Tribes in relation to any State or Union Territory.
  • A community declared as a Scheduled Tribe in one State may not necessarily be so in another State. The status is State-specific.
  • Article 342 of the Indian Constitution empowers the President to issue a public notification for the Scheduled Tribes for a specific state or Union Territory.
  • Article 342 deals with the identification and notification of Scheduled Tribes.
  • President Droupadi Murmu belongs to the Santhal tribe.

Special provisions for Women and Children

  • Article 15(3): Enables the State to make special provisions for women and children, overriding the general prohibition of discrimination.
  • Nari Shakti Vandan Adhiniyam (128th Constitutional Amendment Bill, 2023):
    • Reserves 33% of seats for women in Lok Sabha, State Legislative Assemblies, and the Legislative Assembly of the National Capital Territory of Delhi.
    • Includes a sub-reservation for Scheduled Caste (SC) and Scheduled Tribe (ST) women within the seats already reserved for SCs and STs, respectively.
    • Does not provide a separate sub-quota for Other Backward Classes (OBC) women within the 33% general women's quota.
    • Will come into effect after the next Census and subsequent delimitation exercise.
    • Reservation duration is for an initial period of 15 years, extendable by Parliament.
  • Free Legal Services:
    • Eligible under the Legal Services Authorities Act, 1987.
    • Beneficiaries include Women and Children, Persons in Custody, Disabled Persons, and Industrial Workmen.
  • National Council for Transgender Persons (NCTP):
    • Statutory body constituted under the Transgender Persons (Protection of Rights) Act, 2019.
    • Headed by the Union Minister of Social Justice and Empowerment.
    • Functions include advising the Central Government on policies, monitoring impact, and redressing grievances concerning transgender persons.

42. Miscellaneous

Practice MCQs: Special Provision for Certain Classes

Administration of Scheduled and Tribal Areas (Fifth and Sixth Schedules)

  1. Consider the following statements regarding the special provisions to some of the States of India made by the Constitution: (i) Article 371C provides for the special provisions for the State of Assam. Under this Article, the President of India is empowered to provide for the creation of committee of the Assam Legislative Assembly consisting of members elected from Tribal Areas of the State and such other members as he/she may specify. (ii) Article 371C was added by the 22nd Amendment Act of 1969. (iii) Article 371D deals with special provisions with respect to the State of Andhra Pradesh and Article 371E deals with the establishment of Central University in Andhra Pradesh. (iv) 32nd Constitutional Amendment Act, which was made in 1973, inserted Articles 371D and 371E into the Constitution of India. Select the incorrect statement/statements using the codes given below.

    Asked in: APSC CCE Prelims Exam 2023

    1. (i) only
    2. (iii) and (iv) only
    3. (i) and (ii) only
    4. (i) and (iii) only
    Show answer

    Answer: C. (i) and (ii) only

    Articles 371 and 371A to 371J in Part XXI of the Constitution contain special provisions for various states, reflecting their specific historical, social, and economic circumstances.

  2. Who among the following is given discretionary powers under the Fifth Schedule of the Constitution of India to set up a Tribes Advisory Council in a State which has Scheduled Tribes but not Scheduled Areas?

    Asked in: UPSC CDS 1 2023

    1. The Governor of the concerned State
    2. The President of India
    3. The Inter-State Council
    4. The Parliament of India
    Show answer

    Answer: A. The Governor of the concerned State

    Paragraph 4(1) of the Fifth Schedule of the Constitution of India provides for the establishment of a Tribes Advisory Council in each State having Scheduled Areas. It further states that such a Council may also be established, if the President so directs, in any other State having Scheduled Tribes but not Scheduled Areas. Paragraph 4(3) states that the Governor may make rules prescribing the number of members of the Council, the mode of their appointment, and the procedure for its meetings. Thus, the power to set up and regulate the Tribes Advisory Council within the state machinery, based on the President's direction in states without Scheduled Areas, rests with the Governor.

  3. Which one of the following regarding the tenure of the elected members of the Autonomous District Council is correct?

    Asked in: UPSC CDS 2 2018

    1. Five years from the date of election
    2. Five years from the date appointed for the first meeting of the Council after the election
    3. Six years from the date of administration of Oath
    4. Six years from the date of election
    Show answer

    Answer: B. Five years from the date appointed for the first meeting of the Council after the election

    This provision is mentioned in the Sixth Schedule of the Constitution of India, which deals with the administration of Tribal Areas in the states of Assam, Meghalaya, Tripura, and Mizoram.

  4. As per Article 371G of the Constitution of India, special provisions have been made with respect to the state of Mizoram. Accordingly, no Act of Parliament shall apply on certain matters unless the Legislative Assembly of Mizoram so decides by a resolution. Which one of the following matters is not covered under this Article ?

    Asked in: UPSC CDS 2 2024

    1. Religious or social practices of the Mizos
    2. Mizo customary law and procedure
    3. Administration of civil and criminal justice involving decisions according to Mizo customary law
    4. Ownership and transfer of natural resources
    Show answer

    Answer: D. Ownership and transfer of natural resources

    Article 371G of the Constitution of India contains special provisions for the State of Mizoram. It stipulates that no Act of Parliament regarding certain matters shall apply to Mizoram unless the State Legislative Assembly decides by a resolution. The matters covered under Article 371G are: (i) religious or social practices of the Mizos, (ii) Mizo customary law and procedure, (iii) administration of civil and criminal justice involving decisions according to Mizo customary law, and (iv) ownership and transfer of land.Option D, "Ownership and transfer of natural resources," is a broader term. Article 371G specifically mentions "land", which is a type of natural resource, but does not explicitly cover all natural resources in general (e.g., minerals, water resources, etc.) under this protective clause in the same way as land. Therefore, the ownership and transfer of natural resources in general is the matter not covered under this Article in the specific terms listed.

  5. The criteria for declaration of Scheduled areas include: 1. Preponderance of tribal population 2. Compactness and reasonable size of the area 3. Economic backwardness of the area as compared to neighbouring areas Select the correct answer code:

    Asked in: GPSC Prelims CSP 1 2024

    1. 1, 2
    2. 1, 3
    3. 2, 3
    4. 1, 2, 3
    Show answer

    Answer: D. 1, 2, 3

    The criteria for identifying Scheduled Areas, as laid down by the Dhebar Commission (1960-61) and generally followed, include: 1. Preponderance of tribal population: The area must have a significant proportion of tribal people. 2. Compactness and reasonable size of the area: The area should be geographically contiguous and of a manageable size to facilitate administration. 3. Underdeveloped nature of the area: The area is economically backward compared to its surroundings. 4. Markedly different from neighbouring areas in the matter of the level of administration: There may be specific administrative challenges or requirements in the area. Statements 1, 2, and 3 directly reflect the first three key criteria.

  6. With respect to District Councils in Autonomous tribal areas, consider the following statements: A. They have executive power. B. They have no judicial power. C. They have no legislative power. Which of the above statements is/are correct?

    Asked in: KPSC KAS Prelims 2015

    1. A and B only
    2. A and C only
    3. A only
    4. C only
    Show answer

    Answer: C. A only

    Autonomous District Councils (ADCs) established under the Sixth Schedule of the Constitution are endowed with legislative, executive, and limited judicial powers within their specified tribal areas.

  7. Who, as per the provisions of the Constitution, declares an area as a Scheduled Area ?

    Asked in: OPSC CS Prelims 2020

    1. Prime Minister
    2. President of India
    3. Governor
    4. Speaker of the Legislative Assembly
    Show answer

    Answer: B. President of India

    Under the provisions of the Constitution of India, specifically Article 244(1) read with the Fifth Schedule, the power to declare any area as a Scheduled Area rests with the President of India. The President can also increase or decrease the area of any Scheduled Area, alter its boundaries, or rescind any order made under this provision.

Constitutional basis for special provisions

  1. Consider the following statements : Article 340 of the Constitution deals with the appointment of Commission for Backward Classes. Article 341 of the Constitution deals with Scheduled Tribes. Article 342 of the Constitution is related to Scheduled Castes. Article 342A has been added through 102nd Constitutional amendment. Choose the correct answer from the options given below :

    Asked in: HPPSC HPAS Prelims 2023

    1. (1) and (2) only
    2. (2) and (3) only
    3. (3) and (4) only
    4. (1) and (4) only
    Show answer

    Answer: D. (1) and (4) only

    Articles 340, 341, 342, and 342A are important for understanding the constitutional provisions related to Backward Classes, Scheduled Castes, and Scheduled Tribes.

  2. Which one of the following States does not find a mention in Article 371 of the Constitution of India?

    Asked in: UPSC CAPF 2018

    1. Maharashtra
    2. Madhya Pradesh
    3. Gujarat
    4. Karnataka
    Show answer

    Answer: B. Madhya Pradesh

    Article 371 and related articles provide special provisions to certain states to address specific regional needs, historical circumstances, or developmental disparities. States covered include Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, and Karnataka.

  3. The constitutional authority, vested with the power of declaring castes and tribes as the Scheduled Castes and Scheduled Tribes, is the

    Asked in: UPPCS Prelims 2016

    1. President of India
    2. Prime Minister of India
    3. Minister of Social Welfare
    4. Chairman, SC/ST Commission
    Show answer

    Answer: A. President of India

    - Article 341 and Article 342 of the Constitution empower the President to specify, by public notification, the lists of Scheduled Castes and Scheduled Tribes respectively for each State and Union Territory. - This is done in consultation with the Governor of the State concerned. - Once a list is notified by the President, it can only be amended (addition to or exclusion from the list) by Parliament by law.

  4. Which of the following is not a generally accepted parameter for granting special status to a state in India?

    Asked in: mppsc 2025 2025

    1. Hilly and difficult terrain
    2. Low population density
    3. Sizeable SC and ST population
    4. Strategic location along international borders
    Show answer

    Answer: B. Low population density

    Low population density is not a generally accepted parameter for granting special status to a state.

  5. Which of the following are correctly matched with the special provisions of the States ? (A) Nagaland Article 371-A (B) Andhra Pradesh Article 371-D (C) Sikkim Article 371-F (D) Manipur Article 371-C Select your answer from the code given below :

    Asked in: Assistant Conservator of Forest 2025

    1. (A) and (C)
    2. (A), (C) and (D)
    3. (B) and (C)
    4. (A), (B), (C) and (D)
    Show answer

    Answer: D. (A), (B), (C) and (D)

    The Constitution of India provides special provisions for certain states to address their unique social, cultural, economic, and administrative needs. These provisions are enshrined in various articles, primarily under Part XXI of the Constitution.

  6. Under which Article of Constitution Jammu and Kashmir does enjoy special constitutional position?

    Asked in: Assistant Engineer (Civil) 2018 19 2018

    1. Article-370
    2. Article-356
    3. Article-170
    4. Article-124
    Show answer

    Answer: A. Article-370

    Article 370 provided a special constitutional position to Jammu and Kashmir, allowing it significant autonomy.

  7. The Constitution of India confers special provisions for Manipur under which Article?

    Asked in: District Statistical Officer Assistant Director 2025

    1. Article 371A
    2. Article 371B
    3. Article 371C
    4. Article 371D
    Show answer

    Answer: C. Article 371C

    Article 371C was inserted by the Constitution (27th Amendment) Act, 1971. It provides for the constitution of a committee of the Legislative Assembly of the state consisting of not more than twenty members from the hill areas of the state. This committee is to be responsible for the administration of the hill areas and for the equitable allocation of funds for developmental purposes.- Article 371A: Nagaland - Article 371B: Assam - Article 371D: Andhra Pradesh (now split into Andhra Pradesh and Telangana)

Constitutional safeguards and welfare schemes for backward classes

  1. Which of the following Central Ministries are responsible for the implementation of Protection of Civil Rights Rules, 1977 ? 1. Ministry of Home Affairs 3. Ministry of Minority Affairs 2. Ministry of Social Justice & Empowerment 4. Ministry of Tribal Affairs

    Asked in: ukpsc 2025 2025

    1. 1 and 2
    2. 1, 2 and 3
    3. 1, 2 and 4
    4. 2, 3 and 4
    Show answer

    Answer: A. 1 and 2

    Understanding the nodal ministries responsible for implementing specific social legislation is important for governance and administrative awareness. The Protection of Civil Rights Act, 1955 (and its subsequent rules) addresses issues of discrimination and untouchability, making the Home Ministry and Social Justice Ministry the key players.

National Commission for Backward Classes

  1. Who was the Chairman of the First Union Commission of Backward Classes of India ?

    Asked in: HPPSC HPAS Prelims 2010

    1. B.P. Mandal
    2. Kaka Kalelkar
    3. B.R. Ambedkar
    4. Kanshi Ram
    Show answer

    Answer: B. Kaka Kalelkar

    This commission, also known as the First Backward Classes Commission or the Kalelkar Commission, was appointed under Article 340 of the Constitution to investigate the conditions of socially and educationally backward classes within the territory of India and the difficulties under which they labour and to make recommendations as to the steps that should be taken by the Union or any State to remove such difficulties and to improve their condition.

National Commission for Scheduled Castes

  1. Who among the following can investigate an offence, committed under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 ?

    Asked in: UPSC CISF AC EXE 2023

    1. A police officer not below the rank of SP
    2. A police officer not below the rank of DSP
    3. A police officer not below the rank of SHO
    4. A police officer not below the rank of Inspect‐ or
    Show answer

    Answer: B. A police officer not below the rank of DSP

    - The Act mandates that the investigation must be conducted by a senior police officer to ensure fairness, sensitivity, and thoroughness, given the sensitive nature of the offences. - The specified rank is DSP or equivalent, ensuring a certain level of experience and authority in the investigating officer.

  2. Article 338 of the Indian Constitution mandates formation of which of the following Commissions ?

    Asked in: mppsc 2025 2025

    1. National Commission for Women
    2. National Commission for Minorities
    3. National Human Rights Commission
    4. National Commission for Scheduled Castes
    Show answer

    Answer: D. National Commission for Scheduled Castes

    Article 338 specifically deals with the National Commission for Scheduled Castes.

  3. Which provision of the Constitution of India deals with National Commission for Scheduled Castes?

    Asked in: Civil Judge (Junior Division) Exam 2011

    1. Article 338
    2. Article 338A
    3. Article 340
    4. Article 343
    Show answer

    Answer: A. Article 338

    Article 338 of the Indian Constitution is dedicated to the National Commission for Scheduled Castes.

  4. The National Commission for Scheduled Castes presents its annual report to whom of the following ?

    Asked in: Executive Officer and Tax & Revenue Inspector Exam 2023

    1. NITI Aayog
    2. The Election Commission
    3. The Home Minister
    4. The President
    Show answer

    Answer: D. The President

    Article 338 of the Constitution of India deals with the National Commission for Scheduled Castes and its reporting mechanism.

  5. Article 338 is related to

    Asked in: Revenue Sub Inspector Exam 2022

    1. National Commission for Scheduled Caste
    2. National Commission for Scheduled Tribe
    3. National Commission for Disabled Persons
    4. National Commission for Women
    Show answer

    Answer: A. National Commission for Scheduled Caste

    Article 338 establishes the constitutional body responsible for safeguarding the rights and interests of Scheduled Castes in India.

National Commission for Scheduled Tribes

  1. Under which Article of the Constitution the Separate Scheduled Tribe Commission was established ?

    Asked in: UKPSC CS Prelims 2016

    1. 337
    2. 338
    3. 338-A
    4. 340
    Show answer

    Answer: C. 338-A

    Originally, Article 338 provided for a Special Officer for Scheduled Castes and Scheduled Tribes. The 65th Amendment Act, 1990, replaced this officer with a multi-member National Commission for SCs and STs under Article 338. Later, the 89th Amendment Act, 2003, bifurcated this body, establishing a separate National Commission for Scheduled Castes under Article 338 and a National Commission for Scheduled Tribes under Article 338-A.

  2. Which one of the following is a Constitutional Body? [A] National Commission for Scheduled Tribes [B] National Commission for Minorities [C] National Commission for Women [D] Planning Commission

    Asked in: ASCO 2014 · POST GRADUATE TEACHER (PGT) 2018

    1. [A] National Commission for Scheduled Tribes
    2. [B] National Commission for Minorities
    3. [C] National Commission for Women
    4. [D] Planning Commission
    Show answer

    Answer: A. [A] National Commission for Scheduled Tribes

    The National Commission for Scheduled Tribes (NCST) is a Constitutional Body as it is established under Article 338A of the Indian Constitution. The National Commission for Minorities, National Commission for Women, and Planning Commission are statutory or executive bodies, not constitutional.

  3. Under Article 338A of the Indian Constitution "There shall be a Commission known as ______________."

    Asked in: Civil Judge (Junior Division) Exam 2013

    1. National Commission for Women
    2. National Commission for Minorities
    3. National Commission for Scheduled Tribes
    4. None of the above
    Show answer

    Answer: C. National Commission for Scheduled Tribes

    Article 338A specifically establishes the National Commission for Scheduled Tribes.

  4. Who is the Chairman of National Commission for Scheduled Tribes in India?

    Asked in: Economic Investigator(EI) 2018

    1. Dr. Nand Kumar Sai
    2. Ram Shankar Katheria
    3. Rameshwar Oraon
    4. None of them
    Show answer

    Answer: D. None of them

    ECONOMIC INVESTIGATOR(EO) -2019 The National Commission for Scheduled Tribes (NCST) is a constitutional body in India. Its primary role is to investigate and monitor all matters relating to the constitutional and other legal safeguards for the Scheduled Tribes and to report on their working to the President.

Reservation of seats in Parliament and State Legislatures

  1. The State which has the largest number of seats reserved for the Scheduled Tribes in the Lok Sabha is

    Asked in: APSC CCE Prelims Exam 2016 · UPPCS Prelims 2000

    1. Bihar
    2. Gujarat
    3. Uttar Pradesh
    4. Madhya Pradesh
    Show answer

    Answer: D. Madhya Pradesh

    - As per the delimitation of constituencies carried out in 2008, seats are reserved for Scheduled Tribes (STs) in the Lok Sabha based on the proportion of the ST population in each state. - Madhya Pradesh has the highest number of seats reserved for Scheduled Tribes in the Lok Sabha.

  2. In which Article of the Constitution of India was the provision for reservation of scheduled castes in the Lok Sabha made?

    Asked in: BPSC Prelims Exam 64th

    1. Article 330
    2. Article 331
    3. Article 332
    4. Article 333
    Show answer

    Answer: A. Article 330

    Article 330 specifically addresses the reservation of seats for SCs and STs in the national legislature (Lok Sabha).

  3. From which of the following States, maximum number of seats are reserved for Scheduled Tribes in Lok Sabha?

    Asked in: CGPSC Prelims Exam 2021

    1. Uttar Pradesh
    2. Odisha
    3. Jharkhand
    4. Madhya Pradesh
    Show answer

    Answer: D. Madhya Pradesh

    As per the delimitation of constituencies based on census data, seats are reserved for Scheduled Tribes in proportion to their population in a state. Among the options provided: - Uttar Pradesh has 0 ST reserved seats. - Odisha has 5 ST reserved seats. - Jharkhand has 5 ST reserved seats. - Madhya Pradesh has 6 ST reserved seats. Therefore, Madhya Pradesh has the highest number of ST reserved seats among these states.

  4. The Delimitation Commission of India determined that the total number of Parliamentary seats allocated to Karnataka be in the following ratio: A. Out of 28 Lok Sabha seats, 05 seats should be reserved for Scheduled Castes and 02 for Scheduled Tribes. B. Out of 28 Lok Sabha seats, 07 seats should be reserved for Scheduled Castes and 05 for Scheduled Tribes. C. Out of 224 Assembly seats, 76 seats should be reserved for Scheduled Castes and 28 for Scheduled Tribes. D. Out of 224 Assembly seats, 36 seats should be reserved for Scheduled Castes and 15 for Scheduled Tribes. Which of the above statements is/are correct?

    Asked in: KPSC KAS Prelims 2015

    1. A and D only
    2. B and C only
    3. A only
    4. None of the above
    Show answer

    Answer: A. A and D only

    - As per the delimitation order based on the 2001 census (which is currently in effect for seat allocation), Karnataka has 28 Lok Sabha seats, out of which 5 are reserved for Scheduled Castes (SC) and 2 for Scheduled Tribes (ST). Statement A is correct. - Karnataka has 224 elected seats in its Legislative Assembly. Out of these, 36 seats are reserved for Scheduled Castes (SC) and 15 for Scheduled Tribes (ST). Statement D is correct.

  5. How many seats are reserved for Scheduled Castes in the Lok Sabha?

    Asked in: MPPSC CS Prelims 2018

    1. 59
    2. 69
    3. 79
    4. 84
    Show answer

    Answer: D. 84

    Article 330 of the Constitution provides for the reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People (Lok Sabha). The number of reserved seats is determined based on the proportion of the SC and ST population in the states/union territories to the total population, as per the latest census.

  6. If the number of seats allocated to a state in the Lok Sabha is 42, then the number of seats reserved for the Scheduled Castes in that state will be

    Asked in: UPPCS Prelims 1996

    1. 21
    2. 14
    3. 7
    4. 6
    Show answer

    Answer: C. 7

    Reservation of seats for Scheduled Castes and Scheduled Tribes in the Lok Sabha is made on the basis of their proportion in the population of the concerned State or Union Territory. This question appears to be based on the specific example of undivided Andhra Pradesh, which had 42 Lok Sabha seats and 7 seats reserved for SC as per past delineations.

  7. Which Indian State has the largest number of seats reserved for the Scheduled Tribes in the Lok Sabha?

    Asked in: WBCS Main Paper 5 2022

    1. Madhya Pradesh
    2. Rajasthan
    3. Andhra Pradesh
    4. Arunachal Pradesh
    Show answer

    Answer: A. Madhya Pradesh

    As of the current composition of the Lok Sabha, Madhya Pradesh has 6 seats reserved for Scheduled Tribes. This is the highest number among all Indian states.

Reservation policy in education and public employment

  1. Supreme Court's judgement in Indira Sawhney Vs. Union of India is related to which issue ?

    Asked in: HPPSC HPAS Prelims 2016

    1. Reservation for OBC
    2. Reservation for Scheduled Castes
    3. Reservation for Minorities
    4. Reservation for Scheduled Tribes
    Show answer

    Answer: A. Reservation for OBC

    The Indira Sawhney case is a pivotal judgement concerning reservations for Other Backward Classes (OBCs) in India.

  2. Supreme Court's judgment in Indira Sawhney Vs. Union of India case deals with :

    Asked in: HPPSC HPAS Prelims 2017

    1. Reservations for OBCs
    2. Reservations for SCs and STs
    3. Reservations in Promotion
    4. Reservations for Muslims
    Show answer

    Answer: A. Reservations for OBCs

    This case, also known as the Mandal Commission case, upheld the constitutional validity of 27% reservation for OBCs in public employment but also laid down important principles like the exclusion of the 'creamy layer' and the ceiling of total reservation not exceeding 50% (except in extraordinary situations).

  3. Consider the following statements about the Scheduled Castes and the Scheduled Tribes under the provisions of the Constitution of India : 1. State can make any special provision relating to their admission to the Government educational institutions. 2. State can make any special provision relating to their admission to the private educational institutions aided by the State. 3. State can make any special provision relating to their admission to the private educational institutions not aided by the State. 4. State can make any special provision relating to their admission to the minority educational institutions as described in Article 30. Which of the statements given above are correct?

    Asked in: UPSC CDS 2 2017

    1. 1 and 2 only
    2. 1 and 3 only
    3. 2 and 3 only
    4. 1, 2 and 3
    Show answer

    Answer: D. 1, 2 and 3

    - Article 15(4) allows the State to make special provisions for the advancement of SC/ST, including reservations in government educational institutions. (Statement 1 is covered). - Article 15(5), added by the 93rd Amendment (2005), explicitly allows the State to make special provisions for SC/ST (and SEBCs) in relation to their admission to educational institutions, including private educational institutions, whether aided or unaided by the State. (Statements 2 and 3 are covered). - Article 15(5) specifically states that these provisions shall not apply to the minority educational institutions referred to in clause (1) of Article 30. (Statement 4 is incorrect).

  4. Under the Right to Education conferred by the Constitution under "The Right of Children to Free and Compulsory Education Act, 2009", an unaided school has to admit what percentage of students from the weaker sections and disadvantaged groups in the neighbourhood in class I or pre-school, as applicable ?

    Asked in: APPSC Panchayat secretary Prelims 2016

    1. 15%
    2. 20%
    3. 25%
    4. 30%
    Show answer

    Answer: C. 25%

    The RTE Act aims to ensure that disadvantaged children have access to quality education by ensuring their inclusion in private unaided schools.

  5. Reservations in promotion in favour of SCs and STs are dealt under

    Asked in: WBCS Main Paper 5 2022

    1. Article 16(3)
    2. Article 16(4)
    3. Article 16(4A)
    4. Article 16(4B)
    Show answer

    Answer: C. Article 16(4A)

    Article 16(4A) was inserted by the 77th Amendment Act, 1995, and further modified by the 85th Amendment Act, 2001. It enables the State to make any provision for reservation in matters of promotion, with consequential seniority, to any class or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State.

  6. In which of the following cases constitutionality of the Central Educational Institutions (Reservation in Admissions) Act, 2006 was challenged ?

    Asked in: Civil Judge (Junior Division) Exam 2009

    1. Ashok Kumar Thakur V. Union of India
    2. Ashok Kumar V. State of U.P.
    3. Ashok Kumar Thakur V. State of Bihar
    4. None of the above
    Show answer

    Answer: A. Ashok Kumar Thakur V. Union of India

    The Supreme Court's judgment in Ashok Kumar Thakur V. Union of India is significant for upholding the constitutional validity of reservation policies in higher education.

  7. 'Carry Forward Rule' was held as ultra- vires in the case of:-

    Asked in: Civil Judge (Junior Division) Exam 2014

    1. Maneka Gandhi Vs. Union of India
    2. Devadasan Vs. Union of India
    3. Pradeep Tandon Vs. State of U.P.
    4. None of the above
    Show answer

    Answer: B. Devadasan Vs. Union of India

    The Supreme Court struck down the 'Carry Forward Rule' in the Devadasan Vs. Union of India (1964) case, deeming it unconstitutional as it could lead to reservations exceeding the 50% limit, thereby infringing upon the right to equality.

Special provisions for Anglo-Indians

  1. The provision for the representation of anglo Indian Community in the Lok Sabha has been made in the Constitution of India under

    Asked in: UPPSC Upper Mains 2015

    1. Article-221
    2. Article-222
    3. Article-331
    4. Articie-223
    Show answer

    Answer: C. Article-331

    Article 331 facilitated the nomination of up to two members from the Anglo-Indian community to the Lok Sabha by the President to ensure their representation.

  2. Which of the following statement/statements is/are correct ? A. The President can nominate 02 members from the Anglo-Indian Community if not adequately represented in the Lok Sabha. B. The Governor can nominate 02 members from the Anglo-Indian Community if not adequately represented in the Legislative Assembly. Select the correct answer from the given code :

    Asked in: APPSC Group II Prelims 2018

    1. Only A
    2. Only B
    3. Both A and B
    4. None of the above
    Show answer

    Answer: A. Only A

    APPSC Miscellaneous-2023

  3. Which community gets special provision for Central Services in Article 336 ?

    Asked in: WBCS Main Paper 5 2023

    1. Sikh Community
    2. Muslim Community
    3. Hindu Community
    4. Anglo-Indian Community
    Show answer

    Answer: D. Anglo-Indian Community

    Article 336 of the Constitution of India made special provisions for the Anglo-Indian community regarding appointments to certain services like railways, customs, postal, and telegraph services, for a temporary period after the commencement of the Constitution. These special provisions were in force initially but have since ceased to operate.

  4. How many members from the Anglo-Indian community can be nominated by the Governor ?

    Asked in: Additional Private Secretary Exam 2017

    1. 01
    2. 05
    3. 10
    4. 12
    Show answer

    Answer: A. 01

    This power was exercised under Article 333 of the Constitution of India. However, this provision was recently removed by the Constitution (104th Amendment) Act, 2019.

  5. How many members of Anglo-Indian community can be nominated by the President to the Parliament?

    Asked in: Assistant Conservator of Forest (ACF) 2012

    1. 2
    2. 12
    3. 10
    4. Unspecified number
    Show answer

    Answer: A. 2

    Historically, the President could nominate two members of the Anglo-Indian community to the Lok Sabha under Article 331 of the Constitution. This provision was removed by the Constitution (One Hundred and Fourth Amendment) Act, 2019.

Special provisions for Minorities (Religious and Linguistic)

  1. In India, if a religious community is accorded status of national minority, then which are the entitlements? 1. They can establish and administer exclusive educational institutions. 2. President automatically nominates a member in Lok Sabha. 3. They can derive benefit from PM's 15- point Programme of 2006.

    Asked in: GPSC Prelims CSP 1 2018

    1. Only 1
    2. Only 2
    3. Only 1 and 2
    4. Only 1 and 3
    Show answer

    Answer: D. Only 1 and 3

    Minority rights in India are primarily guaranteed by the Constitution under Articles 29 and 30. Government programmes like the PM's 15-point programme target these communities for socio- economic upliftment.

  2. Match List-I with List-II and select the correct answer from the codes given below : List-I List-II (Human Rights Documents) (Year)

    Asked in: RPSC RAS Prelims 2013

    1. The National Commission for i. 1990 Backward Classes Act
    2. Child Labour (Prohibition and ii. Regulation Act) 1995
    3. Persons with Disabilities (Equal op‐ iii. portunities, Protection of Rights and 1986 full Participation) Act
    4. The National Commission for iv. Minorities Act 1993 Codes : A B C D (1) iv iii ii i (2) iii i ii iv (3) iii i iv ii (4) ii i iii iv A. (1) iv iii ii i B. (2) iii i ii iv C. (3) iii i iv ii D. (4) ii i iii iv
    Show answer

    Answer: A. The National Commission for i. 1990 Backward Classes Act

    - The National Commission for Backward Classes Act was passed in 1993, giving statutory status to the Commission. (A-iv) - The Child Labour (Prohibition and Regulation Act) was enacted in 1986 to prohibit the engagement of children in certain employments and regulate the conditions of work of children in certain other employments. (B-iii) - The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act was enacted in 1995, providing rights and entitlements to persons with disabilities. (C-ii) - The National Commission for Minorities Act was passed in 1992, granting statutory status to the Commission which was initially set up in 1978. (D-year is 1992)

  3. Consider the following statements with reference to Special Officer for Linguistic Minorities : 1. In the Constitution, there is a provision for the post of Special Officer for Linguistic Minorities for every State. 2. A new Article 350 B was added for this by the 9th Amendment Act. Which of the above statements is/are correct?

    Asked in: UPPCS Prelims 2024

    1. Only 2
    2. Neither 1 nor 2
    3. Only 1
    4. Both 1 and 2
    Show answer

    Answer: B. Neither 1 nor 2

    Article 350B of the Indian Constitution deals with the Special Officer for Linguistic Minorities. It is crucial to know the nature of the post (single officer for the Union) and the constitutional amendment that introduced it.

  4. Assertion (A): The word ‘minority’ is not defined in the Constitution of India. Reason (R): The Minorities Commission is not a constitutional body. In the context of the above two statements, which one of the following is correct?

    Asked in: UPPCS Prelims 1996

    1. Both A and R are true and R is the correct explanation of A
    2. Both A and R are true but R is not a correct explanation of A
    3. A is true but R is false
    4. A is false but R is true
    Show answer

    Answer: B. Both A and R are true but R is not a correct explanation of A

    While both statements are factually correct, Reason (R) does not explain Assertion (A). The absence of a definition of 'minority' in the Constitution is not because the Minorities Commission is a statutory body. These are independent facts regarding the legal status of the commission and the constitutional treatment of the term 'minority'.

  5. The interest of minorities is protected under which Article of Indian Constitution? - (1) Article-30 - (2) Article-26 - (3) Article-29 - (4) Article-24

    Asked in: Junior Legal Officer 2019

    1. (1) and (2)
    2. (3) and (4)
    3. (1) and (3)
    4. (2) and (4)
    Show answer

    Answer: C. (1) and (3)

    Articles 29 and 30 of the Indian Constitution specifically protect the cultural and educational rights of minorities.

  6. As per Article 350B of the Constitution of India, a special officer shall be appointed

    Asked in: Paper I 4

    1. For linguistic or religious minorities by the President
    2. For linguistic or religious minorities by the Parliament
    3. For religious minorities by the Parliament
    4. For linguistic minorities by the President
    Show answer

    Answer: A. For linguistic or religious minorities by the President

    Article 350B of the Indian Constitution mandates the appointment of a Special Officer by the President to investigate matters related to safeguards for linguistic minorities. This provision aims to protect the rights and interests of linguistic minority groups within India.

Special provisions for Other Backward Classes (OBCs)

  1. Which of the following statements is/are correct regarding Creamy layer in reservations? 1. Persons who are in the rank of colonel and above in the army and equivalent rank in navy and air force cannot avail the OBC reservations. 2. The persons holding constitutional positions like President, Vice-President and Judges of HC are exempted from the Creamy layer, they can avail the OBC reservations. 3. Persons having gross annual income upto Rs. 15 lakhs are eligible to avail OBC reservations.

    Asked in: GPSC Prelims CSP 1 2021

    1. 1, 2 and 3
    2. 2 and 3 only
    3. 1 only
    4. 1 and 2 only
    Show answer

    Answer: C. 1 only

    - Statement 1 is correct. According to the criteria for identifying the creamy layer among Other Backward Classes (OBCs), sons and daughters of persons holding civil posts in Group 'A' / Class I or Group 'B' / Class II are excluded. Similarly, sons and daughters of persons in defence services holding the rank of Colonel and above or equivalent ranks in the Navy and Air Force are excluded from OBC reservation benefits. - Statement 2 is incorrect. Persons holding constitutional posts such as President, Vice-President, Judges of the Supreme Court and High Courts, Chairman and Members of UPSC and State Public Service Commissions, Chief Election Commissioner, Comptroller and Auditor General of India, etc., are included in the creamy layer category. Their children are not eligible for OBC reservation. - Statement 3 is incorrect. The income limit for determining the creamy layer is currently Rs. 8 lakhs per annum. Individuals/ families with a gross annual income above this limit (excluding salary and agricultural income) are considered to be in the creamy layer and are not eligible for OBC reservations. The figure of Rs. 15 lakhs mentioned is not the currently enforced limit.

  2. Creamy layer concept was first introduced in the case of

    Asked in: TNPSC CS Prelims 2019

    1. Lakshmikant Sukla Vs State of Uttar Pradesh
    2. Indra Sawhney Vs Union of India
    3. K.K. Roy Vs State of Tripura
    4. Jitender Kumar Vs State of Uttar Pradesh
    Show answer

    Answer: B. Indra Sawhney Vs Union of India

    - The 'creamy layer' concept applies to reservations for OBCs. - It was introduced by the Supreme Court. - The case was Indra Sawhney vs Union of India (1992).

  3. Which are the constitutional provisions for the protection of other backward classes (OBCs)? (1) Article 15 (4) (2) Article 16 (4) (3) Article 17 (1) (4) Article 19 (2)

    Asked in: TNPSC CS Prelims 2024

    1. (1) and (3) are correct
    2. (1) and (4) are correct
    3. (1) and (2) are correct
    4. (2) and (3) are correct
    Show answer

    Answer: C. (1) and (2) are correct

    - Article 15(4) allows the State to make special provisions for the advancement of any socially and educationally backward classes of citizens, or for the Scheduled Castes and the Scheduled Tribes. This provision is the basis for affirmative action (like reservations) for OBCs in education. - Article 16(4) allows the State to make 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. This provision is the basis for reservations for OBCs in public employment.

  4. Which of the following Prime Ministers appointed Mandal Commission and taken decision to implement its report ?

    Asked in: TSPSC Group 1 Prelims 2022

    1. Chandra Sekhar and Deve Gowda
    2. Morarji Desai and Viswanath Pratap Singh
    3. Indira Gandhi and Viswanath Pratap Singh
    4. Indira Gandhi and Rajiv Gandhi
    Show answer

    Answer: B. Morarji Desai and Viswanath Pratap Singh

    The Second Backward Classes Commission, popularly known as the Mandal Commission, was appointed in 1979 by the then Prime Minister Morarji Desai of the Janata Party government. Its report was submitted in 1980. The recommendations of the Mandal Commission, including the reservation of 27% of vacancies in Central government jobs and public sector undertakings for Other Backward Classes (OBCs), were implemented by the government headed by Prime Minister Viswanath Pratap Singh (V. P. Singh) in 1990.

  5. The provisions of reservation for O.B.C. is made in the Constitution under which Articles ?

    Asked in: UKPSC CS Prelims 2016

    1. Article 13 (II) & 14
    2. Article 14 & 15
    3. Article 15 (IV) & 16 (IV)
    4. Article 17 & 18
    Show answer

    Answer: C. Article 15 (IV) & 16 (IV)

    Article 15(4) enables the state to make special provisions for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes. Article 16(4) enables the state to make 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. These articles are the basis for reservations, including those for OBCs.

  6. In 2003, OBC status of Gurkhas was given in

    Asked in: UPPSC Upper Mains 2010

    1. U.P.
    2. Andhara Pradesh
    3. Maharashtra
    4. Uttarakhand
    Show answer

    Answer: D. Uttarakhand

    Specific communities are included in the OBC list by individual State Governments or the Central Government based on recommendations from State Backward Classes Commissions or the National Commission for Backward Classes, respectively. The inclusion of Gurkhas in the OBC list occurred in Uttarakhand in 2003.

  7. Which committee recommended the 27% reservation of the OBCs in the government jobs in 1991?

    Asked in: WBCS Main Paper 5 2022

    1. Jogendra Nath Mandal committee
    2. B. P. Mandal committee
    3. Dilip Singh Bhuria committee
    4. U. N. Debar committee
    Show answer

    Answer: B. B. P. Mandal committee

    The Second Backward Classes Commission, popularly known as the Mandal Commission, was set up in 1979 by the Morarji Desai government to identify the socially and educationally backward classes of India. The commission was chaired by B. P. Mandal. Its report, submitted in 1980, recommended 27% reservation for OBCs in central government jobs.

Special provisions for Scheduled Castes (SCs)

  1. As per Census of India 2011, which of the following group of States and Union Territories does not have Scheduled Caste Population ?

    Asked in: APPSC Group 1 Prelims 2023

    1. Nagaland, Sikkim, Tripura, Lakshadweep
    2. Nagaland, Lakshadweep, Andaman and Nicobar Islands, Mizoram
    3. Nagaland, Lakshadweep, Andaman and Nico‐ bar Islands, Mizoram, Arunachal Pradesh
    4. Dadra and Nagar Haveli, Andaman and Nico‐ bar Islands, Tripura, Mizoram
    Show answer

    Answer: C. Nagaland, Lakshadweep, Andaman and Nico‐ bar Islands, Mizoram, Arunachal Pradesh

    As per the Census of India 2011, certain States and Union Territories do not have any population notified as Scheduled Castes under the Constitution (Scheduled Castes) Order, 1950, as amended. These include Nagaland, Arunachal Pradesh, Mizoram, Meghalaya, Lakshadweep, and Andaman and Nicobar Islands.

  2. Which of the following are constitutional provisions and laws for the protection of the rights of the Scheduled Castes in India? 1. Article 17 of the Constitution of India 2. The Protection of Civil Rights Act, 1955 3. The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 Select the correct answer using the code given below.

    Asked in: UPSC CDS 2 2016

    1. 1 and 3 only
    2. 1 and 2 only
    3. 1, 2 and 3
    4. 2 and 3 only
    Show answer

    Answer: C. 1, 2 and 3

    Article 17 of the Constitution abolishes untouchability and forbids its practice in any form, making its enforcement an offence punishable by law. The Protection of Civil Rights Act, 1955 was enacted to give effect to Article 17 by prescribing punishments for the practice of untouchability. The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 is a specific law enacted to prevent atrocities and crimes against persons belonging to the Scheduled Castes and Scheduled Tribes, and provides for special courts for the trial of such offences.

  3. Consider the following statements : 1. The President of India may specify a ‘race’ to be treated under the Scheduled Caste category for all purposes under the Constitution of India. 2. The President of India may specify a ‘tribe’ to be treated under the Scheduled Caste category for all purposes under the Constitution of India. 3. Parliament by law can include a caste or tribe in the list of Scheduled Castes. How many of the above statements is/are correct ?

    Asked in: UPSC Geoscientist 2024

    1. 1
    2. 2
    3. 3
    4. None
    Show answer

    Answer: A. 1

    Article 341 of the Constitution of India deals with Scheduled Castes. Clause (1) empowers the President to specify castes, races or tribes or parts thereof which shall be deemed to be Scheduled Castes. Clause (2) empowers Parliament by law to include in or exclude from the list of Scheduled Castes.

  4. Under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, in which Section there is a provision for the arrangement of a Special Court?

    Asked in: MPPSC CS Prelims 2017

    1. 14
    2. 17
    3. 21(1)
    4. 21(3)
    Show answer

    Answer: A. 14

    Section 14 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, mandates the State Government to establish a Special Court for the purpose of providing for speedy trial of offences under the Act.

  5. In how many days will the investigating officer submit his report for the offences committed under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989?

    Asked in: MPPSC CS Prelims 2017

    1. 15
    2. 20
    3. 25
    4. 30
    Show answer

    Answer: D. 30

    As per Rule 7(1) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995, framed under the Act of 1989, the investigating officer is required to complete the investigation in a case registered under the Act ordinarily within thirty days. This timeframe is set to ensure speedy investigation of atrocities committed against members of SC/ST communities.

  6. When the Court under Section 12 of the Protection of Civil Rights Act, 1955 shall presume that the offence is committed on the ground of “untouchability”?

    Asked in: MPPSC CS Prelims 2019

    1. When it relates to member of Scheduled Castes only
    2. When it relates to member of Scheduled Tribes only
    3. When it relates to members of Scheduled Castes and Scheduled Tribes both
    4. None of the above
    Show answer

    Answer: A. When it relates to member of Scheduled Castes only

    The legal presumption that an offence was committed on the ground of "untouchability" applies specifically when the victim belongs to a Scheduled Caste.

  7. If any person refuses admission to any person to any Hospital, Dispensary or Educational Institution on the ground of untouchability then under which Section of the Protection of Civil Rights Act, 1955 he shall be punishable ?

    Asked in: MPPSC CS Prelims 2019

    1. Section - 4
    2. Section - 5
    3. Section - 6
    4. Section - 7
    Show answer

    Answer: B. Section - 5

    Refusal of service in specific public places like hospitals, dispensaries, and educational institutions based on untouchability is a defined offence under Section 5 of the Act.

Special provisions for Scheduled Tribes (STs)

  1. The Constitution (Scheduled Tribes) Order (Second Amendment) Bill, 2019 has been passed to include three Scheduled Tribes of Karnataka. They are ____.

    Asked in: KPSC KAS Prelims 2017

    1. Parivara, Talwara and Siddi
    2. Dond, Shikari and Misbi
    3. Naga, Gondawa and Sapru
    4. Chapri, Tribupa and Budhi
    Show answer

    Answer: A. Parivara, Talwara and Siddi

    The Constitution (Scheduled Tribes) Order (Second Amendment) Act, 2019, added/clarified several communities in the list of Scheduled Tribes for Karnataka.

  2. At the national level, which ministry is the nodal agency to ensure effective implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006?

    Asked in: UPSC IAS 2021

    1. Ministry of Environment, Forest and Climate Change
    2. Ministry of Panchayati Raj
    3. Ministry of Rural Development
    4. Ministry of Tribal Affairs
    Show answer

    Answer: D. Ministry of Tribal Affairs

    - The Forest Rights Act, 2006 concerns the rights of Scheduled Tribes and other traditional forest dwellers. - The Ministry of Tribal Affairs is the central ministry responsible for the welfare and development of Scheduled Tribes.

  3. Consider the following statements : 1. It is the Governor of the State who recognizes and declares any community of that State as a Scheduled Tribe. 2. A community declared as a Scheduled Tribe in a State need not be so in another State. Which of the statements given above is/are correct ?

    Asked in: UPSC IAS 2024

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Show answer

    Answer: B. 2 only

    The President of India notifies Scheduled Tribes for each state, and the status is state-specific.

  4. Under which Article of the Indian Constitution does the President issue a public notification for the Scheduled Tribes for a specific state ?

    Asked in: mppsc 2025 2025

    1. Article 340
    2. Article 349
    3. Article 342
    4. Article 338
    Show answer

    Answer: C. Article 342

    Article 342 of the Indian Constitution empowers the President to specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall be deemed to be Scheduled Tribes in relation to a State or Union territory. This notification is a crucial step in conferring constitutional status and benefits to these communities.

  5. Article 342 of the Constitution of India deals with which of the following areas?

    Asked in: Assistant Auditor (Direct) 2021

    1. Union taxation
    2. Identification of Tribes
    3. Settlement of State boundaries
    4. Welfare of animals
    Show answer

    Answer: B. Identification of Tribes

    Article 342 specifically defines and lists the Scheduled Tribes in India.

  6. President Droupadi Murmu belongs to which schedule tribe of India ?

    Asked in: Draftsman Examination 2023

    1. Santhal
    2. Garo
    3. Khasi
    4. Buksa
    Show answer

    Answer: A. Santhal

    Droupadi Murmu is the first tribal President of India and the second woman President. She hails from the Santhal community, a prominent tribal group in eastern India.

Special provisions for Women and Children

  1. Which of the following statements are correct about the Women's Reservation Bill, 2023? (i) The Women's Reservation Bill, 2023 proposes 33% reservation for women in the Lok Sabha and the Assemblies of States and National Capital Territory of Delhi. (ii) Similar reservation will also be provided within the seats reserved for SC and ST. (iii) The Bill proposes that the reservation will continue for 25 years. (iv) The Bill which reserves 33% of seats for women in the Lok Sabha and State Assemblies includes the quota for women from the OBCs. Select the correct answer using the codes given below.

    Asked in: APSC CCE Prelims Exam 2023

    1. (i) and (ii) only
    2. (i) and (iii) only
    3. (i), (ii) and (iii) only
    4. (i), (ii), (iii) and (iv)
    Show answer

    Answer: A. (i) and (ii) only

    - Statement (i) is correct. The Bill (now Act) provides for 33% reservation for women in the Lok Sabha, State Legislative Assemblies, and the Legislative Assembly of the National Capital Territory of Delhi. - Statement (ii) is correct. The reservation includes sub-reservation for women belonging to Scheduled Castes (SC) and Scheduled Tribes (ST) within the seats reserved for them. - Statement (iii) is incorrect. The Act provides for the reservation to continue for a period of fifteen years from its commencement, and it shall cease to operate on the expiration of the said period unless extended by law made by Parliament. It is not fixed for 25 years. - Statement (iv) is incorrect. The Bill as passed does not provide a separate quota for women belonging to Other Backward Classes (OBCs) within the 33% reservation. The reservation is provided within the SC and ST categories, but not OBCs.

  2. Who among the following are eligible for free legal services in India? 1. Women and Children 2. Persons in Custody 3. Disabled Persons 4. Industrial Workmen

    Asked in: GPSC Prelims CSP 1 2019

    1. 1, 2, 3 and 4
    2. 1, 2 and 3 only
    3. 2, 3 and 4 only
    4. 1, 2 and 4 only
    Show answer

    Answer: A. 1, 2, 3 and 4

    The question tests knowledge about the specific beneficiaries of free legal aid as defined under the Legal Services Authorities Act, 1987.

  3. The Government of India has constituted National Council for Transgender Persons. Which of the following statements are correct about the Council ? 1. The Council will be headed by the Union Minister of Social Justice and Empowerment. 2. The Council is a statutory body found under Transgender Persons (Protection of Rights) Act, 2019. 3. State level and District level councils for each State will be set up under this act to address the grievances of transgenders at grassroot level. Select the correct answer using the code given below :

    Asked in: PPSC CS Prelims 2021

    1. Only 2 and 3
    2. Only 1 and 2
    3. Only 1 and 3
    4. 1, 2 and 3
    Show answer

    Answer: B. Only 1 and 2

    The Transgender Persons (Protection of Rights) Act, 2019, enacted in India, aims to provide a legal framework for recognizing and protecting the rights of transgender persons. A key provision of the Act is the constitution of a National Council for Transgender Persons to advise the government on policies and programmes related to transgender persons and redress their grievances.

  4. Consider the following statements regarding 'Nari Shakti Vandan Adhiniyam': 1. Provisions will come into effect from the 18th Lok Sabha. 2. This will be in force for 15 years after becoming an Act. 3. There are provisions for the reservation of seats for Scheduled Castes Women within the quota reserved for the Scheduled Castes. Which of the statements given above are correct?

    Asked in: UPSC IAS 2024

    1. 1, 2 and 3
    2. 1 and 2 only
    3. 2 and 3 only
    4. 1 and 3 only
    Show answer

    Answer: C. 2 and 3 only

    The women's reservation under the Nari Shakti Vandan Adhiniyam will come into effect only after the next census and subsequent delimitation, and it includes sub-reservation for SC and ST women.

  5. Under which Article, the State may make special provision for women and children ? - 15 (3) - 15 (2) - 15 (1) - 15 (4)

    Asked in: Junior Legal Officer 2019

    1. 1, 2 and 3
    2. 1, 2 and 4
    3. 1, 3 and 4
    4. 2, 3 and 4
    Show answer

    Answer: A. 1, 2 and 3

    Article 15(3) of the Indian Constitution explicitly empowers the State to make special provisions for women and children. This provision allows for affirmative action to address historical disadvantages faced by these groups.