ECONOMIC AND SOCIAL ISSUES (ESI)

CHAPTER
SOCIAL JUSTICE

SUMMARY SHEET

FOR RBI GRADE B AND NABARD GRADE

A/B 2019

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Contents
1 Important Articles of the Indian Constitution regarding Social Justice: ............................................................... 3
2 Equality Vs Social Justice: ..................................................................................................................................... 3
3 Situation in India: .................................................................................................................................................. 3
4 Constitutional Provisions aiming at Positive Discrimination: ............................................................................... 4
5 Article 16:.............................................................................................................................................................. 4
6 Reservation (The extent of reservation possible): ............................................................................................... 4
7 Concept of creamy layer: ...................................................................................................................................... 6
8 Scheduled Caste Welfare:..................................................................................................................................... 6
8.1 Constitutional mechanism for upliftment of SC ........................................................................................... 7
9 Ministry of Social Justice and Empowerment ...................................................................................................... 7
10 Scheduled Tribes Welfare ................................................................................................................................. 8
Distribution of Tribes ................................................................................................................................................ 8
10.1 Important constitutional provisions ............................................................................................................. 8
10.2 Fifth and Sixth Schedule of the Indian Constitution: .................................................................................... 9
11 Backward Classes Welfare: ............................................................................................................................... 9
11.1 National Commission for Backward Classes: ..............................................................................................10
11.2 Salient features of the bill: .........................................................................................................................10
12 Minority Welfare: ...........................................................................................................................................11
13 The Directive Principles of State Policy – Part IV of the Constitution ............................................................11
14 The Fundamental Duties – Part IVA of the Indian Constitution .....................................................................11
15 The Fundamental Rights – Part III of the Indian Constitution ........................................................................11
16 Welfare of Persons with Disability: ................................................................................................................12
16.1 Differently-abled population statistics in India ..........................................................................................12
16.2 Department of Empowerment of Persons with Disabilities (Divyangjan) ..................................................13
17 Welfare of Senior Citizens: .............................................................................................................................13

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1 Important Articles of the Indian Constitution regarding Social Justice:
Some articles of the Indian Constitution which directs the government towards a welfare state:

✓ Article 38: The State shall strive to promote the welfare of the people by securing and
protecting as effectively as it may a social order in which justice, social, economic and
political, shall inform all the institutions of the national life.
✓ Article 39a: That the citizen, men and women equally, have the right to an adequate means
of livelihood.
✓ Article 43: The State shall endeavour to secure, by suitable legislation or economic
organization or in any other way, to all workers agricultural, industrial or otherwise, work, a
living wage, conditions of work ensuring a decent standard of life and full enjoyment of
leisure and social and cultural opportunities and, in particular, the State shall endeavour to
promote cottage industries on an individual or co-operative basis in rural areas
✓ Article 41: The State shall, within the limits of its economic capacity and development, make
effective provision for securing the right to work, to education and to public assistance in
cases of unemployment, old age, sickness and disablement, and in other cases of undeserved
want.
✓ Article 46: The State shal l 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.

2 Equality Vs Social Justice:

• Any democratic society faces the challenge of harmonizing two essentially contradictory
political concepts--one, equality before the law irrespective of religion, caste, creed, race,
and gender, and the other, social justice at the cost of the same commitment for equality
before the law.
• Even a developed democracy like the United States is no exception to the rule and has taken
recourse to affirmative action to ensure justice for the less privileged sections of the society
at the cost of individual merit and equality of all citizens before the law.

3 Situation in India:
In India, large numbers of people have experienced social discrimination through centuries on
account of its peculiar institution called the caste system, efforts have been made to provide
redress for these under-privileged sections, through the policy of reservations or quotas for them in
jobs, seats in educational institutions and legislatures, and in governmental aid, loans and other
developmental assistance.

In all, four under-privileged categories have either received benefits under the scheme or have
been seeking such benefits, namely the Scheduled Castes (SCs) and the Scheduled Tribes (STs), the
Other Backward Classes (OBCs), the religious minorities or sections thereof, and lately, the women.

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4 Constitutional Provisions aiming at Positive Discrimination:
✓ Article 17: Abolition of “untouchability” and making its practice in any form a punishable
offence.
✓ Article 46: Promotion of educational and economic interests.
✓ Article 16 and 335: Preferential treatment in matters of employment in public services.
✓ 330 and 332: Reservation of seats in the Lok Sabha and State Assemblies.

Let us have a look at Article 16 (This clearly shows the concept of equality with exceptions):

5 Article 16:
What does Article 16 of the Constitution say? It provides for equality of opportunity for all citizens
in matters relating to employment or appointment to any office under the State.

But Article 16(4) states: Nothing in this Article shall prevent the State from making any provision for
the reservation of appointments or posts in favour of any backward class of citizens which, in the
opinion of the State, is not adequately represented in the services under the State.

Let us see the various concepts related to reservation in India:

6 Reservation (The extent of reservation possible):

• The state is not entitled to make a cent percent reservation. That would be violative of
Article 16 of the Constitution.
• The extent of reservation should not exceed 50%.

Note: Kindly refer to the box below to know about the latest scenario.

• In Indira Sawhney case the majority bench of the Supreme Court pointed out that clause (4)
of Article 16 spoke of adequate representation and not proportionate representation-
although the proportion of population of backward classes to the total population would a
relevant factor. After referring to the earlier decisions of the Court, the majority concluded
that the reservation contemplated in cl. (4) of Art. 16 should not exceed 50%.
• It also pointed out that for the purpose of applying the rule of 50%, a year should be taken
as the unit and not the entire strength of the cadre.

Note:
In the year 2019, there are some major developments in India with regard to ‘Reservation’.

The following developments have taken place:

A very important Constitutional Amendment Act, 103rd Constitutional Amendment Act to provide
10 per cent reservation in government jobs and education to economically backward section in
the general category has come into force.

The Human Development Ministry has announced that it would be implemented from the 2019

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academic session and there would be an increase of around 25 percent seats in higher educational
institutions and universities across the country.

What are the important Constitutional provisions of the Act?

The Act amends Articles 15 and 16 of the Constitution, by adding a clause which allows states to
make "special provision for the advancement of any EWS (Economically Weaker Sections) of
citizens".

The bill has inserted clause 6 in Article 15 and Article 16 of the Indian Constitution.
Clause under Article 15:
State can make any special provisions for the advancement of EWS citizens. This includes maximum
10% reservations in educational institutions (it also includes private educational institutions,
whether aided or unaided by the state, other than the minority educational institutions).

Clause under Article 16:

State may make any provision for reservations for jobs in the initial appointment in Government
services in favour of EWS citizens upto a maximum of 10%.

These reservations are in addition to 50% already granted to SC/ST and OBCs, taking the total
reservation to 60%.

The Act makes a special mention of the Article 46 of the Indian Constitution:
According to the objects of the Act:
The Directive Principles of State Policy contained in Article 46 of the Constitution enjoins 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

Economically weaker sections of citizens were not eligible for the benefit of reservation.
With a view to fulfil the mandate of Article 46, and to ensure that economically weaker sections of
citizens get a fair chance of receiving higher education and participation in employment in the
services of the State, it has been decided to amend the Constitution of India.

Who all are eligible for the quota?

• The people who are not covered in existing quotas fulfilling the below requirements are
eligible:
• People who have an annual income of less than Rs.8 lakhs.
• People who own less than five acres of farm land;
• People who have a house lesser than 1,000 sq feet in a town (or 100 sq yard in a notified
municipal area).

There have been debates about the constitutionality of this judgement. Why is this so?

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 • The Supreme Court has ruled multiple times against exceeding its 1992 formula of a
maximum of 50% reservation (Indira Sawhney v. Union of India).

The following were the important development in the Indira Sawhney case:
• It struck down the 10% reservation extended to economically weaker sections in 1992.
• It said that backward class can’t be determined only on the basis of economic criteria
(However, it can be used in conjunction with social backwardness).
• It put a 50% cap on reservation (However, this 50% cap could be breached in ‘exceptional
cases’).
• It upheld 27% reservation to socially and educationally backward communities (non-creamy
layer).

Note: A PIL has been filed in the Supreme Court against the above-mentioned Act. It is for the court
to decide the validity of this act.

Kindly follow EduTap’s ESI in news monthly Current Affairs magazine for the updates.

7 Concept of creamy layer:

• In the Mandal commission case, the Supreme Court has clearly and authoritatively laid down
that the socially advanced members of the backward class, the “creamy layer”, has to be
excluded from the backward class and the benefit of reservation under Article 16(4) can only
be given to a class which remains after the exclusion of the “creamy layer”.
• This would more appropriately serve the purpose and object of Article 16(4).
• At present, the benefits of job reservations are most chewed up by the more effluent
sections of the backward class and the benefit of the reservation policy is not being
percolated to the poor and the really backward class amongst them which makes them
poorer and more backward.

Update:
• The Union Cabinet has increased the “creamy layer” ceiling for the Other Backward Classes to
Rs 8 lakhs per annum from the existing Rs 6 lakhs for Central government jobs.
• Those earning up to Rs 8 lakh per annum would now get the benefits.

8 Scheduled Caste Welfare:

Scheduled castes are those castes/races in the country that suffer from extreme social, educational
and economic backwardness arising out of age-old practice of untouchability and certain others on
account of lack of infrastructure facilities and geographical isolation, and who need special
consideration for safeguarding their interests and for their accelerated socio-economic
development.

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These communities were notified as Scheduled Castes as per provisions contained in Clause 1 of
Article 341 of the Constitution.

8.1 Constitutional mechanism for upliftment of SC

The deep concern of the framers of the Constitution for the uplift of the Scheduled Castes and
Scheduled Tribes and Other Backward Classes is reflected in the elaborate constitutional mechanism
set-up for their uplift.

✓ Article 17 abolishes Untouchability.

✓ Article 46 requires the State ‘to 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 to protect them from social injustice and all forms of
exploitation.
✓ Article 335 provides 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, in the making of appointments to services and posts in
connection with the affairs of the Union or of a State.
✓ Article 15(4) refers to the special provisions for their advancement.
✓ Article 16(4A) speaks of “reservation in matters of promotion to any class or classes of posts
in the services under the State in favour of SCs/STs, which are not adequately represented in
the services under the State’.
✓ Article 338 provides for a National Commission for the Scheduled Castes and Scheduled
Tribes with duties to investigate and monitor all matters relating to safeguards provided
for them, to inquire into specific complaints and to participate and advise on the planning
process of their socio-economic development etc.
✓ Article 330 and Article 332 of the Constitution respectively provide for reservation of seats
in favour of the Scheduled Castes and the Scheduled Tribes in the House of the People and
in the legislative assemblies of the States.

Under Part IX relating to the Panchayats and Part IXA of the Constitution relating to the
Municipalities, reservation for Scheduled Castes and Scheduled Tribes in local bodies has been
envisaged and provided.

9 Ministry of Social Justice and Empowerment

• The Ministry of Social Justice and Empowerment is the nodal Ministry to oversee the
interests of the Scheduled Castes.
• Though the primary responsibility for promotion of interests of the Scheduled Castes rests
with all the Central Ministries in the area of their operations and the State Governments, the
Ministry complements their efforts by way of interventions in critical sectors through
specifically tailored schemes.
• The Scheduled Castes Development (SCD) Bureau of the Ministry aims to promote the
welfare of Scheduled Castes through their educational, economic and social empowerment.

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 • Efforts made by State Governments and Central Ministries for protecting and promoting the
interests of Scheduled Castes are also monitored.

10 Scheduled Tribes Welfare

• The term 'Scheduled Tribes' first appeared in the Constitution of India.
• Article 366 (25) defined scheduled tribes as "such tribes or tribal communities or parts of or
groups within such tribes or tribal communities as are deemed under Article 342 to be
Scheduled Tribes for the purposes of this constitution".
• Article 342 prescribes procedure to be followed in the matter of specification of scheduled
tribes.

Distribution of Tribes
The Scheduled Tribes are notified in 30 States/UTs and the number of individual ethnic groups, etc.
notified as Scheduled Tribes is 705.

The tribal population of the country, as per 2011 census, is 10.43 crore, constituting 8.6% of the
total population. 89.97% of them live in rural areas and 10.03% in urban areas.

The decadal population growth of the tribal’s from Census 2001 to 2011 has been 23.66% against
the 17.69% of the entire population.

The sex ratio for the overall population is 940 females per 1000 males and that of Scheduled
Tribes 990 females per thousand males.

Broadly the STs inhabit two distinct geographical area – the Central India and the North- Eastern
Area.

More than half of the Scheduled Tribe population is concentrated in Central India, i.e., Madhya
Pradesh (14.69%), Chhattisgarh (7.5%), Jharkhand (8.29%), Andhra Pradesh (5.7%), Maharashtra
(10.08%), Orissa (9.2%), Gujarat (8.55%) and Rajasthan (8.86%). The other distinct area is the North
East (Assam, Nagaland, Mizoram, Manipur, Meghalaya, Tripura, Sikkim and Arunachal Pradesh).

There is no ST population in 3 States (Delhi NCR, Punjab and Haryana) and 2 UTs (Puducherry and
Chandigarh), as no Scheduled Tribe is notified in these areas.

10.1 Important constitutional provisions

Several provisions have been incorporated in the Constitution for safeguarding and promoting the
interests and rights of the Scheduled Tribes in various spheres so as to enable them to join the
national mainstream. An overview of the provisions is as follows: -

✓ Article 46 of the Constitution provides that the State shall promote with special care the
educational and economic interests of the weaker sections of the society and in particular,

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 of the Scheduled Castes and Scheduled Tribes and shall protect them from social injustice
and all forms of exploitation.
✓ Reservation in educational institution has been provided in Article 15(4) while reservation in
posts and services has been provided in Article 16(4), 16(4A) and 16(4B) of the Constitution.
✓ Article 23 which prohibits traffic in human beings and beggar and other similar forms of
forced labour has a special significance for Scheduled Tribes. In pursuance of this Article,
Parliament has enacted the Bonded Labour System (Abolition) Act, 1976.
✓ Similarly, Article 24 which prohibits employment of Children below the age of 14 years in any
factory or mine or in any other hazards activity is also significant for Scheduled Tribes as a
substantial portion of child labour engaged in these jobs belong to Scheduled Tribes.

10.2 Fifth and Sixth Schedule of the Indian Constitution:

The basic thrust of the Fifth and Sixth Schedule of the constitution is the protection of cultural
distinctiveness of Tribals.

It also provides protection to the tribals on account of their economic disadvantages so that they
could maintain their tribal identity without any coercion or exploitation.

11 Backward Classes Welfare:

Backward Classes means such backward classes of citizens other than the Scheduled Castes and
Scheduled Tribes as may be specified by the Central Government in the lists prepared by the
Government of India from time to time for purposes of making provision for the reservation of
appointments or posts in favour of backward classes of citizens which, in the opinion of that
Government, are not adequately represented in the services under the Government of India and
any local or other authority within the territory of India or under the control of the Government of
India.

Update:
• To create ‘quota within quota’, the Union Cabinet has approved the setting up of a
commission to examine the matter of sub-categorization of Other Backward Classes (OBCs).
• The commission has been mandated to submit is report within 12 weeks from the date of
appointment of the chairperson.
• The commission, to be set up under Article 340 of the Constitution, will identify the
respective castes/communities/sub-castes/synonyms in the Central list and classify them
into sub-categories, and examine the inequitable distribution of benefits reservation among
castes and communities included in the Central list of OBCs, according to its terms of
reference approved by the Cabinet.
• The commission will also work out the mechanism, criteria, norms and parameters through
scientific approach for sub-categorization within such OBCs.
• A community is classified as “OBC” if it qualifies as “backward” based on a complex set of
social, economic and educational criteria, as specified by the National Commission on
Backward Classes (NCBC).
• Citing a Supreme Court order (Indra Sawhney and others vs. Union of India), the Cabinet

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 observed that “there was no Constitutional or legal bar to a State categorizing backward
classes as backward or more backward and had further observed that if a State chooses to
do it (sub-categorization), it is not impermissible in law.”
• It noted that 10 States: Andhra Pradesh, Telangana, Puducherry, Karnataka, Haryana,
Jharkhand, West Bengal, Bihar, Maharashtra and Tamil Nadu – had already carried out sub-
categorization of OBCs.

11.1 National Commission for Backward Classes:

• National Commission for Backward Classes is under the Ministry of Social Justice and
Empowerment established on 14 August 1993.
• It was constituted pursuant to the provisions of the National Commission for Backward
Classes Act, 1993.
• Currently, this body is responsible to look into the inclusion and exclusion of backward
classes only.
• To safeguard the interests of these classes more effectively, there was a need to give
constitutional status to NCBC.
• For this purpose, 123rd Constitutional Amendment Bill was introduced in the Parliament.
• The President has given his assent to the Bill after it was passed by the Lok Sabha and Rajya
Sabha.

11.2 Salient features of the bill:

• The bill provides for granting of constitutional status to the National Commission for
Backward Classes (NCBC) on par with the National Commission for Scheduled Castes and the
National Commission for Scheduled Tribes.
• It seeks to insert a new article 338B in the constitution which provides for NCBC, its
composition, mandate, functions and various officers.
• Insert a new article 342-A which empowers the president to notify the list of socially and
educationally backward classes of that state / union territory.
• In case of a state, president will make such notification after consultation with the
Governor.
• Under the same article, it is proposed that parliament by making a law can include or exclude
the classes from the central list of backward classes.
• The bill will provide the NCBC with the powers of a civil court while probing any complaint.
• The duties of the NCBC include investigating and monitoring how safeguards provided to
the backward classes under the Constitution and other laws are being implemented and
probe specific complaints regarding violation of rights.

Note:

• A committee has been set up under Justice G Rohini to examine sub-categorization of Other
Backward Classes.
• Further, the states will be given their own list of OBCs and they would be able to
incorporate any caste into the OBC list.
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 • However, they will have to approach the Union Government for inclusion in the Central list.

Note: Kindly refer EduTap’s ESI in news monthly Current Affairs magazine for all the updates.

12 Minority Welfare:
Facts:

• There are six Notified Minorities under the National Commission for Minorities Act, 1992.
• The Notified Minorities constitute about 19% population of the country.
• The Six Notified Minorities are: Muslims, Christians, Sikhs, Buddhists, Parsis (Zoroastrians)
and Jains.

13 The Directive Principles of State Policy – Part IV of the Constitution

Part IV of the Constitution of India, containing non-justifiable Directive Principles of State Policy,
includes the following provisions having significant implications for the Minorities:

✓ Obligation of the State ‘to endeavour to eliminate inequalities in status, facilities and
opportunities’ amongst individuals and groups of people residing in different areas or
engaged in different vocations; [Article 38 (2)]
✓ Obligation of State ‘to promote with special care’ the educational and economic interests of
‘the weaker sections of the people’ (besides Scheduled Castes and Scheduled Tribes);
[Article 46]

14 The Fundamental Duties – Part IVA of the Indian Constitution

Part IVA of the Constitution, relating to Fundamental Duties as provided in Article 51 A applies in full
to all citizens, including those belonging to Minorities.

Article 51A which is of special relevance for the Minorities stipulates as under:

✓ Citizens’ duty to promote harmony and the spirit of common brotherhood amongst all the
people of India ‘transcending religious, linguistic and regional or sectional diversities; and
✓ Citizens’ duty to value and preserve the rich heritage of our composite culture.’

15 The Fundamental Rights – Part III of the Indian Constitution

• People’s right to ‘equality before the law’ and ‘equal protection of the laws’; [Article 14]
• Prohibition of discrimination against citizens on grounds of religion, race, caste, sex or place
of birth; [Article 15 (1) & (2)]
• Authority of State to make ‘any special provision for the advancement of any socially and
educationally backward classes of citizens’ (besides the Scheduled Castes and Scheduled
Tribes); [Article 15 (4)]

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 • Citizens’ right to ‘equality of opportunity’ in matters relating to employment or appointment
to any office under the State – and prohibition in this regard of discrimination on grounds of
religion, race, caste, sex or place of birth; [Article 16 (1) & (2)]
• Authority of State to make ‘any provision for the reservation of appointment or posts in
favour of any backward class of citizens which, in the opinion of the State, is not adequately
represented in the services under the State; [Article 16 (4)]
• People’s freedom of conscience and right to freely profess, practice and propagate religion –
subject to public order, morality and other Fundamental Rights; [Article 25 (1)]
• Right of ‘every religious denomination or any section thereof – subject to public order,
morality and health – to establish and maintain institutions for religious and charitable
purposes, ‘manage its own affairs in matters of religion’, and own and acquire movable
immovable property and administer it ‘in accordance with law’; [Article 26]
• Prohibition against compelling any person to pay taxes for promotion of any particular
religion’; [Article 27]
• People’s ‘freedom as to attendance at religious instruction or religious worship in
educational institutions’ wholly maintained, recognized, or aided by the State [Article 28]
• Right of ‘any section of the citizens’ to ‘conserve’ its ‘distinct language, script or culture’;
[Article 29 (1)]
• Restriction on denial of admission to any citizen, to any educational institution maintained
or aided by the State, ‘on grounds only of religion, race, caste, language or any of them’;
[Article 29 (2)]
• Right of all Religious and Linguistic Minorities to establish and administer educational
institutions of their choice [Article 30 (1)]

16 Welfare of Persons with Disability:

16.1 Differently-abled population statistics in India

• As per the Census 2011, the differently-abled population in India is 26.8 million.
• In percentage terms, this stands at 2.21 %.
• Change in population: There has been a marginal increase in the differently-abled
population in India, with the figure rising from 21.9 million in 2001 to 26.8 million in 10
years.
• Population of Men and Women: There are 14.9 million men with disabilities as compared to
11.8 million women in the country. The percentage of men with disabilities is 2.41 as against
2.01 in women.
• Population in Urban and Rural areas: The total number of differently-abled people is over 18
million in the rural areas and just 8.1 million enumerated in the urban settings.
• Social Group wise disabled population: Social groups wise analysis shows, 2.45 per cent of
the total disabled population belong to the Scheduled Castes, 2.05 to the Scheduled Tribes
and 2.18 per cent to other than SC/ST. Even among these two social groups, the proportion
of men with disabilities is higher as compared to women.

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 • State-wise data shows, Andhra Pradesh, Maharashtra, Orissa and Jammu and Kashmir have
more than 2.51 per cent disabled population whereas in Tamil Nadu, Assam, Meghalaya,
Assam and Nagaland, the percentage is less than 1.75.
• Over 5.4 million people have some kind of physical disability, followed by hearing
impairment affecting 5.07 million and 5.03 million who have problems with their vision. Just
about 2 million have speech disability, and 2 million are affected by mental retardation and
other mental illnesses.

16.2 Department of Empowerment of Persons with Disabilities (Divyangjan)

• In order to give focused attention to Policy issues and meaningful thrust to the activities
aimed at welfare and empowerment of the Persons with Disabilities, a separate Department
of Disability Affairs was carved out of the Ministry of Social Justice and Empowerment on
May 12, 2012.
• The Department was renamed as Department of Empowerment of Persons with
Disabilities (Divyangjan) on 08.12.2014.

17 Welfare of Senior Citizens:

• According to the law, a "senior citizen" means any person being a citizen of India, who has
attained the age of sixty years or above.
• A report released by the United Nations Population Fund and Help Age India suggests that
India had 90 million elderly persons in 2011, with the number expected to grow to 173
million by 2026. Of the 90 million seniors, 30 million are living alone, and 90 per cent work
for livelihood.
• The Ministry of Social Justice and Empowerment, as the name suggests, is to ensure
equitable treatment to such sections of society which has suffered social inequalities,
exploitation, discrimination and injustice.
• The Social Defence Bureau of the Ministry mainly caters to the requirements of Senior
Citizens, besides victims of alcoholism and substance abuse. The programmes and the
policies of the Bureau aim at equipping this group to sustain a life of respect and honour and
to become contributing citizens.
• In this process, the Bureau plays the role of a catalyst and has promoted voluntary action.
The State governments, autonomous bodies, NGOs and even the corporate world are
involved in formulating and implementing the policies.
• All the programmes are meant to aid, prevent neglect, abuse and exploitation and provide
assistance to those deprived and mainstream them.

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