Master Circular No.51 : Part-I : Constitutional Provisions Of Reservation For SC/ST In Railway Services

Part-I : Constitutional Provisions Of Reservation For SC/ST In Railway Services

1. At present the orders relating to Reservation for SC/ST in Railway services are contained in the Brochure on Reservation for Scheduled Castes and Scheduled Tribes in Railway Services and in a number of office circulars / orders issued subsequently from time to time. The question of consolidation of these existing instructions contained in the Brochure on reservation for SC/STs and subsequent office circulars/ orders into one Master Circular has been under the consideration of the Ministry of Railways (Railway Board). They have now decided to issue an enclosed consolidated Master Circular on the subject for the information and guidance of all concerned.
2. General:

(a)        While referring to this Circular on Reservation for SC/ST in Railway services, the original letters referred to herein and the Brochure should be read for a proper appreciation. This Circular on Reservation for SC/STs in Railway services is only a consolidation of the instructions issued so far and should not be treated as a substitution to the originals. In case of doubt, the original Circular should be relied upon as authority.

(b)        The instructions contained in the original Circulars / Brochure referred to above, have only prospective effect from the date of issue unless specifically indicated otherwise in the concerned Circular. For dealing with old cases, the instructions in force at the relevant time should be referred to; and

(c)        If any Circular on the subject, which has not been superseded, has not been taken into consideration while preparing this consolidated Master Circular, the said Circular, which has been missed through oversight, should be treated as valid and operative. Such a missing circular, if any, may be brought to the notice of the Railway Board.

Part-I : Constitutional Provisions Of Reservation For SC/ST In Railway Services

1. Scheduled Castes corresponding to Depressed Classes were specified for the first time in 1936 by His Majesty in Council, vide the Government of India Order, 1936 in accordance with the provisions made in the Government of India Act, 1935. In this Act, a reference was also made to “Backward Tribes”.
2. After Independence in 1947, our leaders and founding fathers of the Constitution realized that political freedom without social and economic contents would be meaningless. Accordingly, they incorporated special provisions in the Constitution for safeguarding the social, educational and economic interest of the persons belonging to SC/STs. The relevant Articles of the Constitution which govern the entire scheme of reservation for SC/ST in services are;

The Preamble to the Constitution

Provides for securing to all citizens social, economic and political justice and equality of status and opportunities to all the citizens of India.

As far as the term Scheduled Castes and Scheduled Tribes is concerned, the term is defined with reference to the State / Union Territory and the relevant articles of the Constitution are Article 341 for Scheduled Castes and 342 for Scheduled Tribes. As per these Articles, the President with reference to any State or Union Territory and in case of a State, after consultation with the Governor, specify the castes, races or tribes or parts of groups within such races, castes or tribes to be deemed under the Constitution as Scheduled Castes or Scheduled Tribes in relation to that State or Union Territory. Only such castes and tribes as are included in Government Notification in the Schedule of state wise list of Scheduled Castes or Scheduled Tribes, are known as Scheduled Castes and Scheduled Tribes and are entitled for the benefits of Reservation for SC/ST admissible to such castes or tribes.

3. The following institutions have specially been provided under the Constitution:-

(1)    National Commission for SCs and STs:-

(a)   The Constitution (65th) Amendment Act, 1990 has amended Article 338 of the Constitution and has created a Statutory Commission with wide ranging powers and functions in place of the Commissioner for Welfare of SC/STs. The Commission comprises of one chair-person and 6 other Members including Vice-Chair-Person and has come into force on 12.03.1992.

(b)   The functions of the Commission include:-

(i) Investigation of all matters relating to safeguards provided to SC/STs,

(ii) To inquire into specific complaints relating to deprivation of rights and safeguards of SC/STs, and

(iii) To participate and advise on planning process of socio-economic development of SC/STs.

While conducting such investigation or inquiries, the Commission shall have all the powers of the Civil Court trying a suit, specially for summoning and enforcing the attendance of any person and requiring the discovery and production of any document or for requisitioning any public record from any Court or office. No objection should be taken to a SC/ST employee submitting a representation direct to the Commission since this Commission is the successor authority under Article 338 of the Constitution.

[Authority: RBE No.182/1992, No.92-E(SCT)I/74/1 dated 18.11.1992]

(2) Committee of Parliament on Welfare of SC/STs:-

Committee of the Parliament comprising of Members from both the Houses of Parliament also examines the position regarding representation of SCs and STs in the services under various Ministries and other Government organizations and make suitable recommendations for bringing out improvements or removing the bottleneck detected by it during the course of its study. The Committee undertakes detailed examination of different Ministries / Central Government Offices and Head of the Departments on implementation of the Reservation Policy. Study Group I & II of the Committee frequently visit Zonal Railways / Production Units / Public Undertaking’s Headquarters for examining the implementation of Reservation Policy. They held discussions with representatives of SC/STs Employees’ Association and the Administrations to make on the spot studies and submit their recommendations to the Parliament.