3 minConstitutional Provision
Constitutional Provision

Scheduled Tribes and Article 342

What is Scheduled Tribes and Article 342?

Scheduled Tribes (STs) are specific communities recognized by the Indian Constitution as particularly vulnerable due to their socio-economic backwardness. These groups often live in geographically isolated areas and have distinct cultures. Article 342 of the Constitution defines how STs are designated. The President, after consulting with the Governor of a state, can specify the tribes or tribal communities that are considered STs in that state. This designation allows these communities to receive special protections and benefits, aiming to improve their living standards and integrate them into mainstream society. The purpose is to address historical injustices and inequalities faced by these communities. The list of STs can only be changed by an Act of Parliament.

Historical Background

Before independence, various tribal communities were identified for administrative purposes. However, a formal process for identifying and listing STs began with the adoption of the Indian Constitution in 1950. The Constitution aimed to address historical injustices and inequalities faced by these communities. Article 342 provided the framework for the President to specify STs in each state. The first list of STs was notified in 1950. Over time, the list has been amended and expanded through parliamentary acts to include more communities. The criteria for inclusion have evolved, focusing on factors like social, economic, and educational backwardness, distinct culture, and geographical isolation. Several commissions and committees, like the Lokur Committee, have contributed to refining the criteria and process for identifying STs. Amendments to the Constitution, such as the 89th Amendment Act of 2003, which created the National Commission for Scheduled Tribes, have further strengthened the framework for protecting the rights and interests of STs.

Key Points

12 points
  • 1.

    Article 342(1) empowers the President to specify Scheduled Tribes in relation to a state or union territory, after consultation with the Governor of the state.

  • 2.

    Article 342(2) states that Parliament may by law include in or exclude from the list of Scheduled Tribes specified in a notification issued under clause (1) any tribe or tribal community or part of or group within any tribe or tribal community, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.

  • 3.

    The criteria for identifying STs typically include indications of primitive traits, distinctive culture, geographical isolation, shyness of contact with the community at large, and backwardness.

  • 4.

    The Constitution provides for various safeguards and reservations for STs in education, employment, and political representation.

  • 5.

    Article 330 reserves seats for STs in the Lok Sabha (Parliament).

  • 6.

    Article 332 reserves seats for STs in the State Legislative Assemblies.

  • 7.

    Article 243D reserves seats for STs in Panchayats.

  • 8.

    Article 243T reserves seats for STs in Municipalities.

  • 9.

    The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, also known as the Forest Rights Act, recognizes the rights of STs to forest resources.

  • 10.

    The National Commission for Scheduled Tribes (NCST), established under Article 338A, monitors and evaluates the implementation of safeguards for STs.

  • 11.

    The power to include or exclude a community from the list of STs rests solely with the Parliament; states can only recommend.

  • 12.

    The concept of 'primitive tribal groups' (PTGs), now known as Particularly Vulnerable Tribal Groups (PVTGs), identifies the most vulnerable among STs, requiring special attention.

Visual Insights

Scheduled Tribes and Article 342

Mind map showing the key aspects of Scheduled Tribes and Article 342 of the Indian Constitution.

Scheduled Tribes & Article 342

  • Constitutional Provisions
  • Criteria for Inclusion
  • Safeguards & Reservations

Recent Developments

8 developments

In 2022, the Union Cabinet approved the addition of certain communities to the list of STs in various states.

There are ongoing debates about the criteria for inclusion in the ST list, particularly regarding the inclusion of communities that have become more integrated into mainstream society.

The government is focusing on improving the socio-economic conditions of PVTGs through targeted programs and schemes.

The Supreme Court has issued several judgments related to the rights of STs, particularly regarding land rights and forest rights.

There is increasing emphasis on promoting tribal culture and heritage through tourism and cultural preservation initiatives.

The Ministry of Tribal Affairs is implementing various schemes for the education, health, and livelihood of STs.

Recent discussions have focused on the effective implementation of the Forest Rights Act and addressing challenges faced by STs in accessing their rights.

The government is working on strengthening the monitoring and evaluation mechanisms for tribal development programs.

This Concept in News

1 topics

Source Topic

Manipur's Ukhrul district faces internet shutdown amid tribal violence

Polity & Governance

UPSC Relevance

This topic is highly relevant for the UPSC exam. It falls under GS Paper II (Governance, Constitution, Polity, Social Justice and International relations) and GS Paper I (Social Issues). Questions are frequently asked about the constitutional provisions, safeguards, and government initiatives for STs.

In Prelims, factual questions about Article 342, the NCST, and relevant Acts are common. In Mains, analytical questions about the challenges faced by STs, the effectiveness of government policies, and the need for reforms are often asked. Recent years have seen questions on the Forest Rights Act and the impact of development projects on tribal communities.

For essay writing, topics related to social justice and inclusive development often require knowledge of STs and related issues. To answer effectively, focus on understanding the constitutional framework, government policies, and socio-economic challenges faced by STs. Also, stay updated on recent developments and court judgments.

Scheduled Tribes and Article 342

Mind map showing the key aspects of Scheduled Tribes and Article 342 of the Indian Constitution.

Scheduled Tribes & Article 342

Article 342: Definition & Specification

Article 338A: National Commission for STs

Distinctive Culture

Geographical Isolation

Education & Employment

Political Representation