The Constitution (Scheduled Castes and Scheduled Tribes) Orders (Amendment) Act, 2022.

## Report on the Constitution Scheduled Castes and Scheduled Tribes Orders Amendment Act, 2022 **1. Executive Summary:** This report analyzes the "Constitution Scheduled Castes and Scheduled Tribes Orders Amendment Act, 2022" (No. 8 of 2022) based solely on the provided government policy text. This Act amends the Constitution Scheduled Castes Order, 1950, and the Constitution Scheduled Tribes Order, 1950, specifically concerning the State of Jharkhand. The key change involves the removal of the Bhogta community from the list of Scheduled Castes and the inclusion/modification of certain communities in the lists of Scheduled Tribes in Jharkhand. The report details these changes, their potential impact, and inferred implementation aspects. **2. Introduction:** The purpose of this report is to provide an informative overview of the "Constitution Scheduled Castes and Scheduled Tribes Orders Amendment Act, 2022" (No. 8 of 2022), based exclusively on the content of the provided policy text. It aims to outline the specific amendments made to the existing orders concerning Scheduled Castes and Scheduled Tribes in the State of Jharkhand. **3. Policy Overview:** * This Act is an *amendment* to the following existing policies: * The Constitution Scheduled Castes Order, 1950 (C.O. 19) * The Constitution Scheduled Tribes Order, 1950 (C.O. 22) * **Core Objective(s) (Inferred):** The core objective, based on the text, is to revise the lists of Scheduled Castes and Scheduled Tribes in relation to the State of Jharkhand, reflecting potential changes in the socio-economic status or recognition of specific communities. This involves both removing a community from the Scheduled Castes list and adding/modifying entries in the Scheduled Tribes list. **4. Background and Rationale:** The Act amends existing orders related to Scheduled Castes and Scheduled Tribes. The rationale for this specific amendment (based solely on the text) is likely to rectify or update the existing classifications based on factors not explicitly stated in this document, but potentially including a re-evaluation of the socio-economic conditions or historical recognition of specific communities within Jharkhand. The removal of the Bhogta community from the Scheduled Castes list and the modifications to the Scheduled Tribes list suggest a reassessment has taken place. **5. Key Provisions / Changes:** This Act introduces the following specific changes: * **Change 1:** *Omission from Scheduled Castes List:* Entry 3 in Part VIA - Jharkhand of the Constitution Scheduled Castes Order, 1950, is omitted. Based on surrounding text, it can be inferred that this entry concerned the Bhogta community. This removes the Bhogta community from the list of Scheduled Castes in Jharkhand. The effect of this change is that the Bhogta community will no longer be entitled to the benefits and protections afforded to Scheduled Castes in the state. * **Change 2:** *Amendment to Scheduled Tribes List:* * *Substitution:* In Part XXII - Jharkhand of the Constitution Scheduled Tribes Order, 1950, entry 16 is substituted with the following: "16. Kharwar, Bhogta, Deshwari, Ganjhu, Dautalbandi Dwalbandi, Patbandi, Raut, Maajhia, Khairi Kheri;". This indicates the Bhogta community, previously on the Scheduled Castes list, is now included in the Scheduled Tribes list, along with other communities. * *Insertion:* In entry 24, after Patar, the following is inserted: ", Tamaria Tamadia;". This adds the Tamaria/Tamadia communities to entry 24 of the Scheduled Tribes list. * *Addition:* After entry 32, the following entry is inserted: "33. Puran.". This adds the Puran community to the Scheduled Tribes list. * The overall effect of these changes is that the Scheduled Tribes list of Jharkhand is updated by substituting Entry 16 and inserting communities into Entries 24 and after 32. **6. Target Audience and Stakeholders:** The direct target audience and stakeholders are: * The Bhogta community in Jharkhand, as their classification changes from Scheduled Caste to Scheduled Tribe. * The Kharwar, Deshwari, Ganjhu, Dautalbandi Dwalbandi, Patbandi, Raut, Maajhia, Khairi Kheri, Tamaria/Tamadia, and Puran communities in Jharkhand, as they are either newly included or have modifications made to their listing within the Scheduled Tribes list. * Government agencies responsible for implementing policies related to Scheduled Castes and Scheduled Tribes in Jharkhand. **7. Implementation Aspects (Inferred):** * **Responsible Agency/Bodies:** The Ministry of Law and Justice, Legislative Department, Government of India, is responsible for publishing the Act. State government agencies in Jharkhand will likely be responsible for implementing the changes. * **Timelines/Procedures:** The Act came into effect on April 8, 2022, the date of presidential assent and publication. The text does not specify detailed implementation procedures or timelines, but it can be assumed that relevant government departments will need to update their records and processes to reflect these changes. The Controller of Publications, Delhi is responsible for publishing the document. **8. Expected Outcomes / Impact of Changes:** The likely intended outcomes of these specific changes are: * A realignment of the classification of the Bhogta community, potentially leading to different access to specific government programs and benefits depending on the criteria for Scheduled Tribes. * Formal recognition and inclusion of the Tamaria/Tamadia and Puran communities within the Scheduled Tribes category, potentially enabling them to access benefits and protections afforded to Scheduled Tribes. * A more accurate and updated representation of the social realities of various communities within Jharkhand. **9. Conclusion:** The "Constitution Scheduled Castes and Scheduled Tribes Orders Amendment Act, 2022" (No. 8 of 2022) represents a significant update to the lists of Scheduled Castes and Scheduled Tribes in Jharkhand. The key changes involve the removal of the Bhogta community from the Scheduled Castes list and the inclusion/modification of other communities in the Scheduled Tribes list. This Act reflects an ongoing effort to refine and update the classifications of communities to ensure accurate representation and equitable access to resources and protections. The Act signifies a legislative response to perceived or actual changes in the socio-economic landscape of the included communities.

Key Entities Referenced