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Consider the following statements:
1. According to the Indian Constitution, the President with respect to any UnionTerritory may specify any caste as scheduled caste by public notification.
2. State Legislatures have the power to include/exclude any caste from the list of Scheduled castes.
3. Any bill to modify the list of schedule caste should be agreed by the Registrar General of India only.
Which of the statements given above is/are correct?
  • a)
    1 only
  • b)
    1 and 2 only
  • c)
    2 and 3 only
  • d)
    1, 2 and 3
Correct answer is option 'A'. Can you explain this answer?
Verified Answer
Consider the following statements:1. According to the Indian Constitut...
• SCs & STs Identification: On the basis of the 1931 census that the British government had conducted, the Government of India 1935 Act was promulgated. The reservation for the “Depressed Classes” was incorporated into the act, which came into force in 1937. This “Depressed class” later came to known as the Scheduled Caste.
• Scheduled Tribe were the ‘tribes or communities’ who were isolated from the rest of the communities and wouldn’t abide by any religion. The British government in 1935 identified the 'Schedule of Tribes' which consisted of different types of indigenous tribal groups i.e. Denotified Tribes, Criminal Tribes, Forest Dwellers etc.
• By 1937 both the section were given positive affirmative action rights and political representation. After India got its independence, the Constitution continued affirmative action for the ‘depressed class’ which were now termed as 'Scheduled Caste' and 'Scheduled Tribe'.
• According to the Constitution of India, under Article 341(1) the President may with respect to any State or Union territory, and where it is a State after consultation with the Governor thereof, by public notification, specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of this Constitution be deemed to be Scheduled Castes in relation to that State or Union territory, as the case may be. Hence statement 1 is correct.
• Article 341(2) provides that the Parliament may by law include in or exclude from the list of Scheduled Castes specified in a notification issued under clause (1) of Article 341 any caste, race or tribe or part of or group within any caste, race or tribe, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification. Hence statement 2 is not correct.
• Accordingly, the President has notified the Scheduled Castes in the order called ‘Constitution (Scheduled Castes) Order, 1950’ and the ‘Scheduled Castes and Scheduled Tribes List (Modification) Order 1956’.
• Only proposals agreed by both the Registrar General of India and the National Commission for Scheduled Castes or Scheduled Tribes are introduced as a Bill in Parliament. This procedure was adopted by the Ministry of Social Justice and Empowerment in 1999 and was amended in 2002. Hence statement 3 is not correct.
• The order was called the Constitution (Scheduled Castes) Order, 1950. The complete list of castes and tribes was made on the order of 1950 which had certain norms and criteria for inclusion of other communities later. However, the Scheduled tribe list was put in updation due to partition as it was very difficult to identify tribals as they were geographically isolated. Thus, the list of Scheduled tribe was completely updated by 1958 with 744 enlisted tribes.
• Part 3 of the Presidential Order of 1950 states that “no person who professes a religion different from the Hindu (the Sikh or the Buddhist) religion shall be deemed to be a member of a Scheduled Caste.”
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Consider the following statements:1. According to the Indian Constitut...
According to the Indian Constitution, the President has the power to specify any caste as a Scheduled Caste for any Union Territory by public notification. This is stated in Article 341(1) of the Constitution. Therefore, statement 1 is correct.

State Legislatures, on the other hand, do not have the power to include or exclude any caste from the list of Scheduled Castes. This power is exclusively vested with the Parliament. Therefore, statement 2 is incorrect.

As for statement 3, it is not entirely accurate. The process of modifying the list of Scheduled Castes involves a detailed procedure. Any bill seeking to modify the list must be introduced in either House of Parliament. The bill should be agreed upon by both Houses and then it is sent to the President for his assent. The Registrar General of India does not have a direct role in this process. Therefore, statement 3 is incorrect.

In conclusion, statement 1 is correct as per the Indian Constitution. However, statements 2 and 3 are incorrect.
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Consider the following statements:1. According to the Indian Constitution, the President with respect to any UnionTerritory may specify any caste as scheduled caste by public notification.2. State Legislatures have the power to include/exclude any caste from the list of Scheduled castes.3. Any bill to modify the list of schedule caste should be agreed by the Registrar General of India only.Which of the statements given above is/are correct?a)1 onlyb)1 and 2 onlyc)2 and 3 onlyd)1, 2 and 3Correct answer is option 'A'. Can you explain this answer?
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