Constitutional history In the original Constitution, Article 338 provided for a special officer (the Commissioner for SCs and STs) responsible for monitoring the implementation of constitutional and legislative safeguards for SCs and STs and reporting to the president. Seventeen regional offices of the Commissioner were established throughout the country. There was an initiative to replace the Commissioner with a committee in the 48th Amendment to the Constitution, changing Article 338. While the amendment was being debated, the Ministry of Welfare established the first committee for SCs and STs (with the functions of the Commissioner) in August 1978. These functions were modified in September 1987 to include advising the government on broad policy issues and the development levels of SCs and STs. Now it is included in Article 342. In 1990, Article 338 was amended for the National Commission for SCs and STs with the
Constitution (Sixty fifth Amendment) Bill, 1990. The first commission under the 65th Amendment was constituted in March 1992, replacing the Commissioner for Scheduled Castes and Scheduled Tribes and the commission established by the Ministry of Welfare's Resolution of 1989. In 2003, the Constitution was again amended to divide the National Commission for Scheduled Castes and Scheduled Tribes into two commissions: the National Commission for Scheduled Castes and the National Commission for Scheduled Tribes.
Issue with scheduling and de-scheduling During the drafting of the
Constitution of India, the
Prime Minister of India,
Jawaharlal Nehru, appointed
B. R. Ambedkar as the
Minister of Justice. Ambedkar and Nehru both were concerned about groups deemed oppressed and disadvantaged, referred to as
subalterns in
postcolonial studies. In post-colonial India, one of the most disadvantaged groups included the former
untouchables, for whom Ambedkar insisted on the establishment of the category of
depressed castes. These subalterns, becoming aware of their subordination during political mobilisations, called themselves
Dalits, "the oppressed". The Government of India instituted
affirmative action for the most highly disadvantaged groups to improve their socio-economic standing and well-being. The Indian government distinguished the disadvantaged populations from one another by their membership in the caste system and tribal affiliation. The “tribal” groups were identified as minorities belong to the
oral tradition, standing outside the
Varna-
Jāti Brahmanical hierarchy. Thus,
the Constitution (Scheduled Castes) Order of 1950 specified as such, with the exception of certain communities in relation to
Punjab, who could be either Hindu or Sikh. The 1956 amendment extended Scheduled Caste status to Dalit converts to Sikhism nationwide. In 1990, it was further extended to Buddhist converts, following the
mass conversion led by
B.R. Ambedkar to reject caste discrimination rooted in Hinduism. However, converts to
Christianity,
Islam, or other religions not specified in the order and subsequent amendments are not entitled to Scheduled Caste status and are not counted as such in census enumeration. According to the
Sachar Committee analysis, Scheduled Castes (SCs) make up 19.7% of India's total population. These SCs constitute 89.5% of the Buddhist population, 30.7% of Sikhs, 22.2% of Hindus, 9% of Christians, 0.8% of Muslims, and 2.6% belong to other religious beliefs. Similarly, according to the
Pew Research survey, 89% of
Buddhists identified as SCs, followed by 47% of
Sikhs, 33% of
Christians, 25% of
Hindus, 4% of
Muslims, 3% of
Jains, and the remaining 25% of SCs identify as the general population. Overall, estimates of the SC population in India without religious bar vary, such as 25% in
Religion 2020, 24% in
Global Attitudes 2019, and 23% in
Global Attitudes 2017 by the Pew Research Center. Other estimates include 22% by
IHDS (2005), 19% by
NES (2019), and 21% by
NFHS (2015–2016), all of which are higher than the 16% and 17% recorded in the 2001 and 2011 Censuses of India, respectively. As a result, individuals converted to religions not specified by the constitutional order often either avoid disclosing their actual religious beliefs or assert their previous religious identity in official records to avail
social security and welfare benefits (popularly known as the
Reservation) provided by the government. In most states, the intrastate area restrictions are removed by the
Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976.
Subclassification The notified Scheduled Castes and Scheduled Tribes were earlier regarded as homogeneous social groups for policy implementation, which resulted in disparities where some communities accessed a disproportionate share of affirmative benefits while more marginalized sections remained excluded from adequate representation. To address this, several
state governments, notably
Andhra Pradesh and
Punjab, introduced sub-classification of Scheduled Castes and Scheduled Tribes for a more equitable distribution of affirmative measures. However, since the authority to maintain the list of Scheduled Castes and Scheduled Tribes rests with the central government, the
Supreme Court struck down the sub-classification policy, emphasizing homogeneity in the context of the scheduling list. In 2024, a seven-judge
bench of the Supreme Court upheld the constitutional validity of sub-classification, clarifying that while homogeneity applies to the Presidential Scheduled List, it does not restrict state's power vis-à-vis
Article 15(4),
Article 16(4), and other empowering provisions in policy implementation or the distribution of welfare benefits. The decision affirmed the state's power to adopt sub-classification or other policies for the Scheduled Castes and Scheduled Tribes to ensure an equitable distribution of affirmative action benefits. ==See also==