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HPAS/Allied Mains 2022 Answer Writing Challenge Day 77 : Model Answer
QUESTION Enlist the constitutional provisions for safeguarding of tribal rights, along with there implications in India (8 Marks 120 Words).
| UNDERSTANDING OF QUESTION: the question is very direct and write down the constitutional provision along with there implications ie. Effects | ||
| Introduction | The Constitution of India provides its people accountable and accommodative governance. The state has to guarantee the well-being of the people. The state has to guard them from all forms of exploitation, exclusion, and discrimination and thus promises to provide affirmative action policies for their upliftment. Further, the state is also required to uphold social order in which social, economic and political justice prevails. Thus the state since independence, has directed its policies to secure all its citizens the ‘right to have satisfactory means of livelihood’, or in other words ‘Right to Livelihood’. | |
| Keywords | ||
| Main Body | CONSTITUTIONAL SAFEGUARDS ARE :- · Article 14, which guarantees equality before law. · Article 15, which prohibits discrimination as well as enables government to reserve seats for scheduled tribes . · Article 16, which mandates equality of opportunity for employment as well as permits the government to reserve seats for scheduled tribes . · Article 46, which mandates that the “State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.” · Article 275, which provides grants from the Consolidated Fund of India to promote scheduled tribes welfare and administration of scheduled areas. · Articles 243, 330, and 332, which reserve seats for scheduled tribes at the local, state, and national legislative bodies. · Article 335, which mandates that “The claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration”. · 73rd and 74th amendments, through provisions in the Panchayats (Extensions to the Scheduled Areas) Act, 1996, facilitates political participation of the tribal groups. · The Fifth Schedule. · The Sixth Schedule. THERE IMPLICATIONS (THEY HAVE ALLOWED FOR ) enhancement of human development index of scheduled tribes, improvement of infrastructure in scheduled tribes dominated areas, ensuring scheduled tribes’ control over the natural resource base, displacement from their habitat and resettlement, distribution of wealth and opportunities among tribals and empowerment Statutory recognition of tribal communities Creation of scheduled areas for thorough development of the tribal people Special representation of tribal people in Parliament, in legislative assemblies and local bodies Reservation of a certain percentage of posts in government services and seats in educational institutions Recognition of the right to use local language for administration and other purposes and to profess one’s faith. | |
| Conclusion | Tribal welfare is the motto of the post-independent nation state of India. In order to develop scheduled tribes, the central government has been implementing a large number of schemes, programmes and development measures, in the Fifth Schedule and Sixth Schedule Areas and other areas where a large proportion of tribal people are present | |
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