Part XVI: Special Provisions for Certain Classes

Article 339: Control of the Union over the Administration of Scheduled Areas

Original Article:

(1) The President may at any time and shall, at the expiration of ten years from the commencement of this Constitution, by order appoint a Commission to report on the administration of the Scheduled Areas and the welfare of Scheduled Tribes in the States.

(2) The executive power of the Union shall extend to the giving of directions to a State as to the drawing up and execution of schemes specified in the direction to be essential for the welfare of the Scheduled Tribes in the State.

Explanations:

Article 339 of the Indian Constitution empowers the Union to oversee the administration of Scheduled Areas and implement measures for the welfare of Scheduled Tribes. This includes the President’s authority to appoint a commission and the Union’s directive powers over States.

Clause-by-Clause Explanation:

Clause (1): Appointment of a Commission

The President has the discretion to appoint a commission at any time, with a mandatory review after ten years from the Constitution’s commencement, to assess Scheduled Area administration and tribal welfare.

Real-Life Example: The Dhebar Commission (1960) was established under Article 339 to review tribal welfare policies, leading to significant reforms in tribal education and healthcare.

Clause (2): Union’s Directive Power

The Union government can direct State governments to prepare and implement schemes necessary for tribal welfare, ensuring national oversight on critical development issues.

Real-Life Example: In 1999, the Union government directed several states to implement targeted welfare programs for Scheduled Tribes under Article 339(2), leading to initiatives like the Integrated Tribal Development Project.

Amendments:

The Constitution (Seventh Amendment) Act, 1956, effective from 1-11-1956, expanded the scope of Article 339 to include all States with Scheduled Areas and Scheduled Tribes. This amendment reflects India’s evolving federal structure and highlights the need for unified provisions for tribal welfare.

Historical Significance:

Article 339 signifies India’s commitment to addressing historical injustices faced by Scheduled Tribes. By mandating periodic reviews and empowering the Union to direct States, the Article ensures accountability and sustained focus on tribal welfare.

The Dhebar Commission’s findings under Article 339 were instrumental in shaping India’s tribal welfare policies, emphasizing education, healthcare, and economic development tailored to tribal needs.

Real-Life Examples:

The Dhebar Commission (1960): This commission assessed the socio-economic conditions of Scheduled Tribes, recommending measures that led to improved tribal education and land rights protections.

Integrated Tribal Development Project: Directed by the Union under Article 339(2), this initiative promoted sustainable livelihoods and preserved tribal cultures across various states.