Parliament Clears The Constitution (Scheduled Castes and Scheduled Tribes) Orders (Amendment) Bill, 2024

Paving way for modification in the lists of Scheduled Castes (SC) and Scheduled Tribes (ST) for the State of Odisha, the Parliament on Thursday (February 8) cleared the Constitution (Scheduled Castes and Scheduled Tribes) Orders (Amendment) Bill, 2024.

Prepared on recommendations of Odisha government, after consultation with the Registrar General of India and the National Commissions for Scheduled Castes & Scheduled Tribes, the Bill was first introduced in the Rajya Sabha by Minister of Tribal Affairs Arjun Munda. It was passed by the Upper House on February 6, 2024 by voice vote.

Within a span of 2 days since, the Bill has been cleared by the Lok Sabha as well.

The Bill proposes to modify the lists of SCs and STs in respect of Odisha by amending the Constitution (Scheduled Castes) Order, 1950 and the Constitution (Scheduled Tribes) Order, 1950.

It incorporates Odisha government's recommendation to include 4 Particularly Vulnerable Tribal Groups (PVTGs), a subset of STs, in their own names in the State's ST list, and further provides for the inclusion of some communities that are phonetic variations of existing ones.

The Bill also acts on Odisha government's suggestion to shift 2 communities from the State SC list to ST list. Key changes envisaged under the Bill are discussed hereunder.

(A) Constitution (Scheduled Castes) Order, 1950

With respect to the SC Order, 1950, the Bill provides that Entries 87 (Tamadia) and 88 (Tamudia) in the Schedule to Part XIII (Odisha) shall stand omitted. These communities are to be moved to Entry 8 of the State's ST list.

(B) Constitution (Scheduled Tribes) Order, 1950

In connection with the Scheduled Tribes 1950 Order, insertions of the following 4 PVTGs inter-alia are contemplated:

(i) Entry 6: "Pauri Bhuyan, Paudi Bhuyan" as synonyms of "Bhuiya, Bhuyan"

(ii) Entry 9: "Chuktia Bhunjia" as synonym of "Bhunjia"

(iii) Entry 13: "Bondo" as sub-entry under “Bondo Poraja, Bonda Paroja, Banda Paroja” 

(iv) Entry 47: "Mankidia" as synonym of “Mankirdia”

Keeping with Odisha government's recommendation, the Bill additionally provides for insertion of following 2 new entries:

(i) Entry 63: "Muka Dora, Mooka Dora, Nuka Dora, Nooka Dora (in undivided Koraput District which includes, Koraput, Nowrangapur, Rayagada and Malkangiri districts)

(ii) Entry 64: "Konda Reddy, Konda Reddi”

Background

According to Articles 341 and 342 of the Constitution, the first list of the Scheduled Castes and the Scheduled Tribes were notified during the year 1950 in respect of various States and Union territories, vide the Constitution (Scheduled Castes) Order, 1950 and the Constitution (Scheduled Tribes) Order, 1950, respectively.

Though these lists were modified from time to time, with respect to Odisha, the list of STs was modified vide the Constitution (Scheduled Castes and Scheduled Tribes) Orders (Amendment) Act, 2002.

Out of a total of 75 PVTGs in India, the maximum are from Odisha. After 75 years of independence, the government has considered the inclusion of the abovementioned PVTGs in the Scheduled List.

Before the instant proposal, the government, towards development of PVTGs, had launched the PM PVTG Development Mission under Union Budget 2023-24 for providing access to basic facilities (such as education, health, clean drinking water, sanitation) to the PVTGs. In November, 2023, the Pradhan Mantri Janjati Adivasi Nyaya Maha Abhiyan (PM-JANMAN) scheme was also launched to enhance PVTGs' socio-economic conditions.