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Sachivalayam General Studies Add-ons (Part B Common) · Chapter 7

Weaker Sections: SC, ST, BC, Minority and Disability Programmes and Commissions

What to remember

  • The Constitution gives three tools: protection (Articles 17, 23, 24), reservation (Articles 15(4), 16(4), 330, 332) and special bodies (Articles 338, 338A, 338B, and 340).
  • Know which article names which commission: 338 is the National Commission for Scheduled Castes, 338A is for Scheduled Tribes, and 338B is for Backward Classes.
  • Persons with disabilities are covered by the Rights of Persons with Disabilities Act, 2016, which lists 21 disabilities and gives reservation in jobs to persons with benchmark disabilities.

Constitutional provisions

ArticleSubject
15(4)Special provisions for socially and educationally backward classes, SCs and STs
16(4)Reservation in State jobs for backward classes not enough represented
17Abolition of untouchability
46State to promote the education and economic interests of SCs, STs and weaker sections (Directive Principle)
29 and 30Cultural and educational rights of minorities
330 and 332Seats for SCs and STs in Lok Sabha and State Assemblies
335Claims of SCs and STs in services
338National Commission for Scheduled Castes
338ANational Commission for Scheduled Tribes
338BNational Commission for Backward Classes (102nd Amendment, 2018)
340President may appoint a commission to study the condition of backward classes
341 and 342President specifies the Scheduled Castes and Scheduled Tribes
Fifth ScheduleAdministration of Scheduled Areas and Scheduled Tribes (in States like Andhra Pradesh)
Sixth ScheduleTribal areas of Assam, Meghalaya, Tripura and Mizoram

Scheduled Castes

  • Protection of Civil Rights Act, 1955 punishes practice of untouchability.
  • Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 punishes crimes against SC and ST people and sets up Special Courts and relief for victims. It was strengthened by an amendment in 2015.
  • Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 bans manual scavenging and insanitary latrines.
  • Post-matric scholarship and pre-matric scholarship schemes help SC students.
  • The AP State has a corporation that gives loans and subsidy to SC families and a welfare department that runs hostels and residential schools.
  • Reservation in AP jobs and education for SCs is 15%.

Scheduled Tribes

  • Fifth Schedule areas in Andhra Pradesh are the tribal hill areas. In these areas, laws for land transfer protect tribal land. The AP Scheduled Areas Land Transfer Regulation (1/70) bans transfer of tribal land to non-tribals.
  • PESA Act, 1996 (Panchayats Extension to Scheduled Areas) gives the Gram Sabha a strong role in these areas, including control over minor forest produce and land alienation.
  • Forest Rights Act, 2006 recognises forest rights of tribal and other traditional forest dwellers (individual, community and habitat rights).
  • Integrated Tribal Development Agency (ITDA) plans development in tribal areas; AP has ITDAs such as at Paderu, Seethampeta and Rampachodavaram.
  • Girijan Cooperative Corporation buys minor forest produce and supplies essential goods in tribal areas.
  • Reservation for STs in AP jobs and education is 6%.
  • Primitive Tribal Groups receive special attention under a separate scheme.

Backward Classes

  • Kaka Kalelkar Commission (1953) was the first, and the Mandal Commission (1979) gave a list of other backward classes and recommended 27% reservation.
  • Indra Sawhney case (1992): the Supreme Court upheld the 27% reservation for OBCs, excluded the creamy layer and said total reservation should normally not go above 50%.
  • 102nd Amendment (2018) gave constitutional status to the National Commission for Backward Classes.
  • Economically Weaker Sections (103rd Amendment, 2019): 10% reservation for poor among those who are not covered by SC, ST or OBC reservation; Articles 15(6) and 16(6) were added.
  • AP Backward Classes: the State groups its backward classes in A, B, C, D and E groups. The BC reservation in jobs is a combined figure divided among these groups; Group E is for backward-class Muslims.
  • The AP BC Welfare Department and the AP BC Commission study backward classes in the State.

Minorities

  • National Commission for Minorities Act, 1992 created the Commission. Notified religious minorities at the national level are Muslims, Christians, Sikhs, Buddhists, Zoroastrians (Parsis) and Jains (added in 2014).
  • Articles 29 and 30 let minorities protect their culture and run educational institutions of their choice.
  • Schemes include scholarships, coaching, loans through a minority finance corporation and the Waqf boards for wakf property.
  • AP has a Minorities Welfare Department, a State Minorities Commission and a Minorities Finance Corporation. The State Wakf Board looks after wakf properties.

Persons with disabilities

Law or bodyPoint
Persons with Disabilities Act, 1995The first full law, with 7 categories of disability
Rights of Persons with Disabilities Act, 2016Replaced the 1995 law; 21 disabilities; 4% reservation in government jobs for benchmark disabilities (40% or more); 5% in higher education
Chief Commissioner for Persons with DisabilitiesWatches the implementation; State Commissioners work at State level
Rehabilitation Council of India Act, 1992Trains rehabilitation professionals
Mental Healthcare Act, 2017Rights of persons with mental illness
Article 41The right to public assistance in disablement (Directive Principle)

Other facts: Aids and appliances, scholarships, pension and barrier-free access are the main supports. The Unique Disability ID (UDID) card is the common identity.

Comparison: Commission vs. Act

GroupCommissionMain Act
SCArticle 338Atrocities Act, 1989
STArticle 338AForest Rights Act, 2006; PESA, 1996
BCArticle 338BNone specific; reservation orders
MinoritiesStatutory (1992)NCM Act, 1992
DisabilityChief Commissioner (statutory)RPWD Act, 2016

Institutions and administration in the State

  • The State departments for Social Welfare, Tribal Welfare, Backward Classes Welfare, Minorities Welfare and Welfare of Persons with Disabilities run hostels, residential schools, scholarships and loan schemes.
  • Special Courts and Special Public Prosecutors are set up for atrocity cases. The district collector and the Superintendent of Police review the cases from time to time.
  • Welfare hostels and Gurukulam residential schools provide boarding and education for children of the weaker sections.
  • The village Welfare and Education Assistant at the Sachivalayam helps students and families to apply for scholarships and caste certificates.

Certificates and rules

  • Caste certificate: needed to claim reservation; issued by the Revenue Department after verification.
  • Creamy layer: the better-off families among OBCs are excluded from the OBC quota based on an income and status test. It does not apply to SC and ST.
  • Reservation is vertical (for SC, ST, OBC, EWS) and horizontal (for women, persons with disabilities and others, within each category).

Exam traps

  • 1. Article numbers: 338 is SC, 338A is ST, 338B is BC. They are easy to swap.
  • 2. Fifth vs Sixth Schedule: AP tribal areas fall under the Fifth, not the Sixth.
  • 3. 27% is for OBCs at the Centre; the AP figure for backward classes is different and grouped.
  • 4. EWS 10% is not for SC, ST or OBC.
  • 5. 1995 vs 2016: the 1995 Act had 7 disabilities; the 2016 Act has 21.
  • 6. PESA is 1996, the Forest Rights Act is 2006.
  • 7. NCM Act is 1992; the NCW Act is 1990 (the NCW was set up in January 1992).
  • 8. Article 340 only sets up a study commission; it does not itself give reservation.

One-liners

  • 1. Article 17 abolishes untouchability.
  • 2. Article 338B covers the National Commission for Backward Classes.
  • 3. The Atrocities Act is from 1989.
  • 4. The Mandal Commission was set up in 1979.
  • 5. The EWS quota is 10%.
  • 6. The RPWD Act is from 2016 and lists 21 disabilities.
  • 7. Government job reservation for benchmark disability is 4%.
  • 8. PESA was passed in 1996.
  • 9. The Forest Rights Act dates from 2006.
  • 10. The Fifth Schedule covers tribal areas of Andhra Pradesh.
  • 11. ITDA means Integrated Tribal Development Agency.
  • 12. Jains were notified as a minority in 2014.

Practice questions

  1. Which Article abolishes untouchability?

    1. Article 46
    2. Article 15
    3. Article 17
    4. Article 21
    Answer

    C. Article 17

    Article 17 abolishes untouchability.

  2. The National Commission for Scheduled Castes is provided under

    1. Article 338B
    2. Article 338
    3. Article 338A
    4. Article 340
    Answer

    B. Article 338

    338 is SC, 338A is ST, 338B is BC.

  3. The National Commission for Scheduled Tribes is provided under

    1. Article 338
    2. Article 342
    3. Article 338A
    4. Article 338B
    Answer

    C. Article 338A

    338A covers STs.

  4. The National Commission for Backward Classes got constitutional status under

    1. Article 338A
    2. Article 338
    3. Article 341
    4. Article 338B
    Answer

    D. Article 338B

    The 102nd Amendment (2018) inserted Article 338B.

  5. Article 340 provides for

    1. A commission to study the condition of backward classes
    2. Abolition of titles
    3. Reservation in Parliament
    4. Language rights
    Answer

    A. A commission to study the condition of backward classes

    It lets the President appoint a study commission.

  6. The SC and ST Prevention of Atrocities Act was passed in

    1. 1976
    2. 1989
    3. 2006
    4. 1955
    Answer

    B. 1989

    The Atrocities Act is from 1989.

  7. The Protection of Civil Rights Act, which punishes untouchability, is from

    1. 1992
    2. 2005
    3. 1989
    4. 1955
    Answer

    D. 1955

    The Protection of Civil Rights Act dates from 1955.

  8. Tribal areas of Andhra Pradesh are administered under the

    1. Fifth Schedule
    2. Sixth Schedule
    3. Seventh Schedule
    4. Ninth Schedule
    Answer

    A. Fifth Schedule

    The Fifth Schedule covers Scheduled Areas of States like AP.

  9. The Sixth Schedule applies to tribal areas of

    1. Andhra Pradesh and Telangana
    2. Assam, Meghalaya, Tripura and Mizoram
    3. Kerala and Tamil Nadu
    4. Punjab and Haryana
    Answer

    B. Assam, Meghalaya, Tripura and Mizoram

    Four north-eastern States are covered by the Sixth Schedule.

  10. PESA stands for

    1. Panchayat Election and Service Act
    2. Protection of Scheduled Areas Act
    3. Panchayats (Extension to Scheduled Areas) Act
    4. Public Employment and Service Act
    Answer

    C. Panchayats (Extension to Scheduled Areas) Act

    PESA is from 1996.

  11. The Forest Rights Act was passed in

    1. 2013
    2. 2005
    3. 2006
    4. 1996
    Answer

    C. 2006

    The Forest Rights Act dates from 2006.

  12. Reservation for Scheduled Tribes in AP jobs and education is

    1. 6%
    2. 15%
    3. 29%
    4. 10%
    Answer

    A. 6%

    The State figure for STs is 6%.

  13. Reservation for Scheduled Castes in AP jobs and education is

    1. 6%
    2. 15%
    3. 10%
    4. 27%
    Answer

    B. 15%

    The State figure for SCs is 15%.

  14. The Mandal Commission recommended how much reservation for OBCs?

    1. 33%
    2. 15%
    3. 22.5%
    4. 27%
    Answer

    D. 27%

    The Commission of 1979 recommended 27%.

  15. The ceiling of 50% on total reservation was laid down in the

    1. Indra Sawhney case
    2. Golaknath case
    3. Minerva Mills case
    4. Kesavananda Bharati case
    Answer

    A. Indra Sawhney case

    Indra Sawhney (1992) set the general 50% limit.

  16. The EWS reservation is

    1. 5%
    2. 15%
    3. 27%
    4. 10%
    Answer

    D. 10%

    The 103rd Amendment gave 10% for economically weaker sections.

  17. Which amendment introduced EWS reservation?

    1. 86th Amendment
    2. 102nd Amendment
    3. 103rd Amendment
    4. 73rd Amendment
    Answer

    C. 103rd Amendment

    The 103rd Amendment (2019) added Articles 15(6) and 16(6).

  18. The Rights of Persons with Disabilities Act was passed in

    1. 2013
    2. 2016
    3. 1992
    4. 1995
    Answer

    B. 2016

    The RPWD Act replaced the 1995 Act.

  19. The RPWD Act, 2016 recognises how many disabilities?

    1. 7
    2. 30
    3. 21
    4. 14
    Answer

    C. 21

    The 2016 Act expanded the list from 7 to 21.

  20. Reservation in government jobs for persons with benchmark disabilities is

    1. 1%
    2. 10%
    3. 3%
    4. 4%
    Answer

    D. 4%

    The 2016 Act gave 4% reservation.

  21. The National Commission for Minorities Act was passed in

    1. 1992
    2. 2005
    3. 1975
    4. 1950
    Answer

    A. 1992

    The NCM Act is from 1992.

  22. Which community was added to the list of notified minorities in 2014?

    1. Sikhs
    2. Jains
    3. Parsis
    4. Buddhists
    Answer

    B. Jains

    Jains were notified in 2014.

  23. Cultural and educational rights of minorities are in Articles

    1. 14 and 15
    2. 44 and 45
    3. 29 and 30
    4. 32 and 226
    Answer

    C. 29 and 30

    Articles 29 and 30 protect minorities.

  24. ITDA stands for

    1. Indian Tribal Defence Authority
    2. Integrated Tribal Development Agency
    3. Integrated Trade and Development Agency
    4. Independent Tribal Dispute Agency
    Answer

    B. Integrated Tribal Development Agency

    ITDAs plan development in tribal areas.

  25. Group E among AP backward classes is mainly for

    1. Nomadic tribes
    2. Fishermen
    3. Weavers
    4. Backward-class Muslims
    Answer

    D. Backward-class Muslims

    The AP system includes Group E for Muslim backward classes.

  26. A tribal family's land in a Scheduled Area is at risk of sale to an outsider. Which protection applies?

    1. Land Transfer Regulation 1/70
    2. Maternity Benefit Act
    3. Equal Remuneration Act
    4. Dowry Prohibition Act
    Answer

    A. Land Transfer Regulation 1/70

    The Regulation bans transfer of tribal land to non-tribals.

  27. A Gram Sabha in a Scheduled Area has a strong role in minor forest produce under

    1. PESA
    2. Companies Act
    3. Consumer Protection Act
    4. RTI Act
    Answer

    A. PESA

    PESA gives powers over minor forest produce.

  28. A person with 40 percent or more of a specified disability is described in law as having

    1. A general disability
    2. A temporary disability
    3. A benchmark disability
    4. A minor disability
    Answer

    C. A benchmark disability

    Benchmark disability means at least 40 percent.

  29. Who monitors the implementation of the disability law at the national level?

    1. Attorney General
    2. Chief Commissioner for Persons with Disabilities
    3. Comptroller and Auditor General
    4. Chief Election Commissioner
    Answer

    B. Chief Commissioner for Persons with Disabilities

    The Chief Commissioner is the national monitoring authority.

  30. The Prohibition of Employment as Manual Scavengers Act was passed in

    1. 2019
    2. 2000
    3. 1989
    4. 2013
    Answer

    D. 2013

    The Act dates from 2013.

  31. Consider the statements. 1. Article 338A relates to Scheduled Tribes. 2. Article 338B relates to Scheduled Castes. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    A. 1 only

    338B is for Backward Classes, so 2 is wrong.

  32. Consider the statements about the creamy layer. 1. It applies to OBCs. 2. It applies equally to SCs and STs. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    A. 1 only

    The creamy layer test applies to OBCs and not to SCs and STs.

  33. Consider the statements. 1. The EWS quota is for those already covered by SC, ST or OBC reservation. 2. The EWS quota is 10%. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    B. 2 only

    EWS quota is for those not covered by other reservation; it is 10%.

  34. Consider the statements about disability law. 1. The RPWD Act replaced the 1995 Act. 2. The 2016 Act lists 21 disabilities. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    C. Both 1 and 2

    Both statements are correct.

  35. Consider the statements. 1. AP tribal areas come under the Sixth Schedule. 2. PESA was passed in 1996. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    B. 2 only

    AP tribal areas are under the Fifth Schedule.

  36. Consider the statements about the minorities. 1. Articles 29 and 30 protect minority rights. 2. Jains were notified as a minority in 2014. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    C. Both 1 and 2

    Both statements are correct.

  37. Consider the statements. 1. Article 340 itself gives reservation to backward classes. 2. Article 340 allows a commission to study backward classes. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    B. 2 only

    It only provides for a study commission.

  38. Consider the statements about the Forest Rights Act, 2006. 1. It recognises rights of forest dwellers. 2. It was passed before PESA, 1996. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    A. 1 only

    PESA (1996) came before the FRA (2006).

  39. Consider the statements. 1. The Mandal Commission was set up in 1979. 2. The Indra Sawhney case upheld 27% OBC reservation. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    C. Both 1 and 2

    Both statements are correct.

  40. Consider the statements about reservation. 1. Vertical reservation is for categories like SC and ST. 2. Horizontal reservation, for example for women, cuts across categories. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    C. Both 1 and 2

    Both statements correctly define the terms.

  41. Match the Article with the commission or provision. A. 338 B. 338A C. 338B D. 340 1. Backward classes commission 2. Scheduled Tribes 3. Study commission 4. Scheduled Castes

    1. A-3, B-2, C-1, D-4
    2. A-2, B-4, C-1, D-3
    3. A-4, B-1, C-2, D-3
    4. A-4, B-2, C-1, D-3
    Answer

    D. A-4, B-2, C-1, D-3

    338 SC, 338A ST, 338B BC, 340 study commission.

  42. Match the law with its year. A. Atrocities Act B. PESA C. Forest Rights Act D. RPWD Act 1. 2016 2. 2006 3. 1996 4. 1989

    1. A-3, B-4, C-2, D-1
    2. A-4, B-3, C-1, D-2
    3. A-4, B-2, C-3, D-1
    4. A-4, B-3, C-2, D-1
    Answer

    D. A-4, B-3, C-2, D-1

    1989, 1996, 2006 and 2016 in that order.

  43. Match the group with its main law or body. A. SC B. ST C. Minorities D. Persons with disabilities 1. NCM Act 2. RPWD Act 3. Atrocities Act 4. Forest Rights Act

    1. A-3, B-4, C-2, D-1
    2. A-1, B-3, C-4, D-2
    3. A-4, B-3, C-1, D-2
    4. A-3, B-4, C-1, D-2
    Answer

    D. A-3, B-4, C-1, D-2

    Each group is matched with its main law.

  44. Article 46 directs the State to promote the education and economic interests of

    1. Only industrial workers
    2. Only government employees
    3. Only minorities
    4. Scheduled Castes, Scheduled Tribes and weaker sections
    Answer

    D. Scheduled Castes, Scheduled Tribes and weaker sections

    Article 46 is a Directive Principle for weaker sections.

  45. Which Article gives the President power to specify the Scheduled Tribes?

    1. Article 342
    2. Article 340
    3. Article 335
    4. Article 341
    Answer

    A. Article 342

    341 is for Scheduled Castes and 342 is for Scheduled Tribes.

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