Part XVI: Special Provisions for Certain Classes

Article 342: Scheduled Tribes

Original Article:

(1) The President may with respect to any State or Union territory, and where it is a State, after consultation with the Governor thereof, by public notification, specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purposes of this Constitution be deemed to be Scheduled Tribes in relation to that State or Union territory, as the case may be.

(2) 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.

Explanations:

Article 342 enables the identification and classification of Scheduled Tribes (STs) to provide them with special protections and benefits under the Constitution. It ensures equitable opportunities for socio-economic development among tribal communities.

Clause-by-Clause Explanation:

Clause (1): Role of the President

The President, in consultation with the Governor of a State, may notify specific tribes or tribal communities as Scheduled Tribes for that State or Union territory.

Real-Life Example: The Constitution (Scheduled Tribes) Order, 1950, was the first to identify and notify tribes as Scheduled Tribes in various states, providing them access to constitutional protections.

Clause (2): Role of Parliament

Parliament is empowered to amend the list of Scheduled Tribes through legislation, ensuring the inclusion or exclusion of tribes based on socio-economic evaluations.

Real-Life Example: The Constitution (Scheduled Tribes) Order (Amendment) Act, 1976, expanded the list of Scheduled Tribes to include additional communities in states like Odisha and Madhya Pradesh.

Amendments:

1. First Amendment (1951): Replaced "Rajpramukh" with "Governor," reflecting administrative changes in India following the integration of princely states.

2. Seventh Amendment (1956): Extended the provision to Union territories, ensuring equitable application of Scheduled Tribes recognition across all regions of India.

3. Constitution (Scheduled Tribes) Orders: Various orders have been issued over the years to include or exclude specific communities based on socio-economic and cultural evaluations.

Historical Significance:

Article 342 reflects India’s commitment to uplifting marginalized tribal communities. The classification of tribes as Scheduled Tribes acknowledges their historical disadvantages and ensures affirmative action policies to support their socio-economic development.

Real-Life Examples:

Welfare Programs: The recognition of tribes under Article 342 has enabled targeted welfare programs like the Tribal Sub-Plan, enhancing education, healthcare, and employment among tribal communities.

Periodic Updates: Amendments to the Scheduled Tribes list, such as the inclusion of tribes in Chhattisgarh and Jharkhand, ensure relevance and accuracy in affirmative action measures.