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The Constitution (Scheduled Castes) Order (Amendment) Bill, 2006

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The Constitution (Scheduled Castes) Order (Amendment) Bill, 2006 STANDING COMMITTEE ON SOCIAL JUSTICE AND EMPOWERMENT (2006-2007) (FOURTEENTH LOK SABHA) MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT THE CONSTITUTION (SCHEDULED CASTES) ORDER (AMENDMENT) BILL, 2006. TWENTIETH REPORT Presented to Lok Sabha on 18.12.2006 Laid in Rajya Sabha on 18.12.2006 LOK SABHA SECRETARIAT NEW DELHI December, 2006/ Agrahayana, 1928 (Saka) 20 STANDING COMMITTEE ON SOCIAL JUSTICE AND EMPOWERMENT (2006-2007) (FOURTEENTH LOK SABHA) MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT THE CONSTITUTION (SCHEDULED CASTES) ORDER (AMENDMENT) BILL, 2006. TWENTIETH REPORT LOK SABHA SECRETARIAT NEW DELHI December, 2006/ Agrahayana, 1928 (Saka) CONTENTS PAGES COMPOSITION OF THE COMMITTEE…………………. (iv) INTRODUCTION…………… (vi) INTRODUCTORY…………... 1 REPORT…………………. 4 ANNEXURES I. The Constitution (Scheduled Castes) Order (Amendment) Bill, 2006 ------------------------------------------------------------------- 22 II. Modalities for deciding claims for Inclusion in, Exclusion from and Other Modifications in the Orders Specifying Scheduled Castes and Scheduled Tribes Lists ------------------ 29 III. Minutes of the Third Sitting of the Standing Committee on Social Justice and Empowerment held on 16 October, 2006-------------------------------------------------------- 32 !V. Minutes of the Fifth Sitting of the Standing Committee on Social Justice and Empowerment held on 15 November, 2006 ----------------------------------------------------- 36 V. Minutes of the Sixth Sitting of the Standing Committee on Social Justice and Empowerment held on 23 November, 2006 ---------------------------------------------------- 40 VI. Minutes of the Eighth Sitting of the Standing Committee on Social Justice and Empowerment held on 14 December, 2006 --------------------------------------------------- 43 APPENDICES I. The Constitution (Scheduled Castes) Order 1950 ------------- 45 II. The Constitution (Scheduled Castes) (Union Territories) Order, 19511----------------------------------- 72 III. The Constitution (Jammu and Kashmir) Scheduled Castes Order, 19561---------------------------------- 77 IV. The Constitution (Dadra and Nagar Haveli) Scheduled Castes Order, 1962 ---------------------------- 78 V. The Constitution (Pondicherry) scheduled Castes Order, 1964 --------------------------------------- 79 VI The Constitution (Sikkim) Scheduled Castes Order, 1978 --------------------------------------- 80 VII. Statement of Recommendations/Observations---------------- 81 COMPOSITION OF THE STANDING COMMITTEE ON SOCIAL JUSTICE AND EMPOWERMENT (2006-2007) Smt. Sumitra Mahajan - CHAIRPERSON MEMBERS LOK SABHA 2. Mohd. Shahid Akhlaque 3. Shri Mahaveer Bhagora 4. Shri Eknath M. Gaikwad 5. Shri Longanathan Ganesan 6. Shri Syed Shah Nawaz Hussain 7. Shri Tek Lal Mahato 8. Dr. Babu Rao Mediyam 9. Shri Kailash Meghwal 10. Shri Rupchand Murmu 11. Shri Jual Oram 12. Shri Ram Chandra Paswan 13. Shri Rabindar Kumar Rana 14. Shri P. A. Sangma 15. Smt. Pratibha Singh 16. Shri Lalit Mohan Suklabaidya 17. Smt. Krishna Tirath 18. Smt. Usha Verma 19. Vacant 20. Vacant 21. Vacant RAJYA SABHA 22. Shri Urkhao Gwra Brahma 23. Shri Silvius Condpan 24. Shri Mahmood A. Madani 25. Dr. Narayan Singh Manaklao 26. Dr. Radhakant Nayak 27. Shri Abdul Wahab Peevee 28. Shri Dharam Pal Sabharwal 29. Shri Veer Singh 30. Ms. Anusuiya Uikey 31. Shri Nand Kishore Yadav SECRETARIAT 1. Dr. (Smt.) P.K. Sandhu - Additional Secretary 2. Shri. A.K. Singh - Joint Secretary 3. Shri. R.K. Saxena - Deputy Secretary 4. Shri. Bhupesh Kumar - Under Secretary 5. Shri. Vanlalruata - Executive Officer INTRODUCTION I, the Chairperson of the Standing Committee on Social Justice and Empowerment having been authorized by the Committee to submit the Report on their behalf, present the Twentieth Report of the Committee on “The Constitution (Scheduled Castes) Order (Amendment) Bill, 2006” of the Ministry of Social Justice and Empowerment. 2. The Bill was introduced in the Lok Sabha on 31st June, 2006 and was referred to the Committee by the Hon’ble Speaker, Lok Sabha on 28th August, 2006 under Rule 331 E(b) of the Rules of Procedure and Conduct of Business in Lok Sabha for examination and Report. 3. The Committee wish to express their thanks to the representatives of the Ministry of Social Justice and Empowerment, Registrar General of India and National Commission For Scheduled Castes for tendering evidence and placing their considered views before the Committee and also for furnishing written notes and information as desired by the Committee in connection with the examination of the Bills. 4. The Committee considered and adopted the report on the Bill at their sitting held on 14th December, 2006. 5. For facility of reference and convenience, observations and recommendations of the Committee have been printed in thick type in the body of the Report. New Delhi SUMITRA MAHAJAN 14 December, 2006 CHAIRPERSON, 23 Agrahayana, 1928 (Saka) Standing Committee on Social Justice and Empowerment. CHAPTER I INTRODUCTORY 1.1 The Constitution (Scheduled Castes) Order (Amendment) Bill, 2006 was introduced in the Lok Sabha on 31 June, 2006. The Bill was referred to the Standing Committee on Social Justice and Empowerment on 28 August, 2006 for examination and report thereon. A copy of the Bill as introduced in Lok Sabha is appended (Annexure I). The Bill seeks the achieve the following objectives: (i) inclusion of new castes based on social, educational and economic backwardness; (ii) inclusion of synonymous communities in respect of a caste in the existing list; and (iii) Modifications or imposition of area restrictions in the existing entries. 1.2 The Ministry of Social Justice and Empowerment have informed the Committee that Article 366(24) of the Constitution defined ‘Scheduled Castes’ as “such castes, races or tribes or parts of or groups within such castes, races or tribes as are deemed under article 341 to be Scheduled Castes for the purpose of the Constitution.” The test applied for inclusion in the list of Scheduled Castes is “extreme social, educational and economic backwardness arising out of traditional practice of untouchability.” 1.3 Clause (1) of Article 341 of the Constitution provides that “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 the Constitution, be deemed to be Scheduled Castes in relation to that State or Union Territory, as the case may be. As per the said provision, following Orders were issued: (i) The Constitution (Scheduled Castes) Order 1950 (Appendix I). (ii) The Constitution (Scheduled Castes) (Union Territories) Order, 1951(Appendix II). (iii) The Constitution (Jammu & Kashmir) Scheduled Castes Order, 1956 (Appendix III). (iv) The Constitution (Dadra and Nagar Haveli) Scheduled Castes Order, 1962 (Appendix IV). (v) The Constitution (Pondicherry) Scheduled Castes Order, 1964 (Appendix V). (vi) The Constitution (Sikkim) Scheduled Castes Order, 1978 (Appendix VI). 1.4 Subsequently, the lists of Scheduled Castes have been amended from time to time as per provision under Clause (2) of Article 341 of the Constitution, which provides that, “Parliament may by law include in or exclude from the list of Scheduled Castes specified in a notification issued under clause (1) any caste, race or tribe or part of or groups 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”. The first list of Scheduled Castes after promulgation of 2 the Constitution of India in 1950 was notified through Presidential Orders of 1950 under Article 341 (1) of the Constitution. 1.5 With a view towards systematically considering the modifications in the lists of Scheduled Castes and Scheduled Tribes, the Government of India finalized modalities on 15.06.1999 and modified on 25.06.2002 (copy at Annexure –II). In accordance with the approved modalities; the proposal of the concerned State Government/Union Territory Administration is referred to the Registrar General of India (RGI) for obtaining their comments. In case the RGI agrees with the proposal, the proposal is then referred to the National Commission for Scheduled Castes (National Commission for Scheduled Castes and Scheduled Tribes, before bifurcation into two separate Commission namely National Commission for Scheduled Castes and National Commission for Scheduled Tribes). In case the National Commission for Scheduled Castes also agrees with the proposal, then such proposals which have been agreed to by the Registrar General of India and the National Commission for Scheduled Castes, are put to inter-Ministerial consultation and thereafter based on the decision of the Government to modify the list of Scheduled Castes, a Bill after having followed procedural requirements is introduced in Parliament towards modifications required in the list of Scheduled Castes, as any modification in the list of Scheduled Castes can be done by an Act of Parliament in view of Article 341(2) of the Constitution of India. In view of several consultation processes and procedural steps involved, it is not possible to specify any time frame in regard to completion of the process towards modification in the list of Scheduled Castes. 3 CHAPTER – II REPORT 2.1 The Ministry of Social Justice and Empowerment have informed the Committee that a number of requests were received from time
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