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Constitutional Provisions for Scheduled Tribes - Social Justice Notes

Scheduled Tribes are the historically disadvantaged people in India. The phrase Scheduled Tribe is recognised under the Indian Constitution, and the numerous groupings are classified in one or more categories. Scheduled Tribes are groups that have been scheduled in compliance with Article 342 of the Constitution, according to Article 366(25) of the Constitution. Several measures have been placed into the Constitution to protect and promote the interests and rights of the Scheduled Tribes in many domains, allowing them to join the national mainstream.

This article explains the Constitutional Provisions for Scheduled Tribes is important for UPSC IAS exam preparation.

Constitutional Provisions for Scheduled Tribes

Article Description
Definition
Article 342
  • The President must, by public notification, designate the tribes or tribal communities, or sections of or groups within tribes or tribal communities, that shall be regarded to be Scheduled Tribes for the purposes of this Constitution.
  • Parliament may by law include or exclude any tribe or tribal community, or part of or group within any tribe or tribal community, from the list of Scheduled Tribes specified in a notification issued under clause (1), but except as aforesaid, a notification issued under the said clause shall not be varied by any subsequent notification.
Article 366
  • Unless the context necessitates otherwise, the following terminology in this Constitution have the meanings now ascribed to them, that is to say, "Schedule" denotes a Schedule to this Constitution.
  • "Scheduled Tribes" refers to tribes or tribal communities, or sections or groups within such tribes or tribal communities, that are declared Scheduled Tribes for the purposes of this Constitution under Article 342.
Educational, Cultural and Public Employment-related Safeguards
Article 15(4)
  • The state is empowered to make any special provision for the advancement of any socially and educationally backward classes of citizens or for the scheduled castes or the scheduled tribes regarding their admission to educational institutions including private educational institutions, whether aided or unaided by the state, except the minority educational institutions.
Article 16
  • Equality of opportunity in matters of public employment
Article 16(4A)
  • Provides that the State may make any provision for reservation in issues of promotion in favour of Scheduled Castes and Scheduled Tribes if they are not properly represented in State services.
Article 17
  • The article abolishes ‘untouchability’ and forbids its practice in any form.
  • The enforcement of any disability arising out of untouchability shall be an offence punishable in accordance with law.
Article 21 A
  • Free and compulsory education for all children of the age of 6 to14 years.
  • Article 21A was added by the Constitution (Eighty-sixth Amendment) Act of 2002.
Article 46
  • This article compels the state to 'promote with great care the educational and economic interests of the weaker parts of the population, particularly the Scheduled Castes and Scheduled Tribes, and to safeguard them from social injustice and all types of exploitation.
Economic Safeguards
Article 244
  • Clause (1) of this Article says that the provisions of the Fifth Schedule shall apply to the administration and control of Scheduled Areas and Scheduled Tribes in any state other than Assam, Meghalaya, Mizoram, and Tripura, which are covered by the Sixth Schedule.
Article 275
  • Grants in Aid to designated States (STs&SAs) covered under the Constitution's Fifth and Sixth Schedules.
Article 335
  • Claims of Scheduled Castes and Tribes to Services and Positions
Political Safeguards
Article 164(1)
  • Provided that in the states of Bihar, Madhya Pradesh, and Orissa, there must be a Minister in charge of tribal welfare who may also be in charge of the welfare of Scheduled Castes and backward classes or any other activity.
Article 243D
  • Seats in Panchayats are reserved for Scheduled Tribes under Article 243D.
Article 243T
  • This article mandates that seats be allocated in every municipality for Scheduled Castes and Scheduled Tribes.
Article 330 and Article 332
  • These articles of the Constitution, respectively, allow for reservations of seats in the House of the People and in the legislative assembly of the States in favour of the Scheduled Castes and Scheduled Tribes.
  • Reservation for Scheduled Castes and Scheduled Tribes in local bodies has been foreseen and provided for under Part IX of the Constitution related to Panchayats and Part IXA of the Constitution relating to Municipalities.
Article 338-A
  • National Commission for Scheduled Tribes (STs), a constitutional body in the sense that it is directly established by Article 338-A of the Constitution
  • To study and monitor any issues concerning the constitutional and other legal safeguards for STs, as well as to evaluate their effectiveness.
  • To look into particular complaints on the infringement of STs' rights and safeguards.
Article 340
  • This article empowers the President to form a committee to evaluate the conditions of the backward classes, the problems they encounter, and to provide suggestions on how to improve their situation. This was the article that established the Mandal Commission.
Other Relevant Links
Issues faced by Other Backward Classes Issues faced by Scheduled Castes
Constitutional Provisions for Scheduled Caste Institutions and Bodies related to Scheduled Castes
Laws Related To Scheduled Caste Challenges faced by Scheduled Tribes
National Scheduled Tribes Finance and Development Corporation Institutions and Bodies for Scheduled Tribes
Laws related to scheduled tribes Constitutional Provisions for Children

Scheduled Tribes in India

  • According to the National Commission for Scheduled Tribes, a scheduled tribe is one that has primitiveness, geographical isolation, shyness, and social, educational, and economic backwardness.
  • These characteristics separate Scheduled Tribe populations in our country from other communities.
  • The definition for "Scheduled Tribes" has been kept from the 1931 Census, as has the term for Scheduled Castes, which was brought over from British-era legislation.
  • According to the 2011 census, tribal people make up 8.6% of the overall population of the United States, or over 104 million people.
  • The Dhebar Commission (1973) established a distinct category called "Primitive Tribal Groups (PTGs)," which was renamed "Particularly Vulnerable Tribal Groups" (PVTGs) in 2006. .
  • The Indian Constitution recognises tribal communities in the constitution the Constitution are referred to as 'Scheduled Tribes'.
  • The Indian Parliament also passes several legislation to protect the lives and livelihoods of STs.

Conclusion

The architects who drafted the Constitution were well aware that many groups in India lag far behind in terms of social, educational, and economic development. They need special attention in order to defend their interests and contribute to the growth of their society and economy. Tribes constitute a sizable proportion of India's total population. It is an aspect of Indian culture that contributes to our civilization's cultural diversity. Tribal people in India account for around 8% of the overall population.

Other Relevant Links
Vulnerable Sections of Population Other Backward Classes
LGBTQ Community Critical Analysis on Child Rights in India
Critical Analysis on Child Rights in India Important Court Judgements related to LGBTQ Community
Constitutional provisions for Other Backward Classes Laws Related To Migrant Workers
Issues Relating to Development & Management of Social Sector/Services Issues Relating to Poverty & Hunger

FAQs

Question: What are Scheduled Tribes as defined by the Indian Constitution?

Answer: Scheduled Tribes (STs) are indigenous communities recognized in the Indian Constitution for their unique socio-cultural identity and disadvantaged status. They are listed under Article 342, which empowers the President of India to notify certain tribes as Scheduled Tribes in consultation with the state governments. This recognition aims to ensure social, educational, and economic development through various constitutional safeguards and affirmative action policies.

Question: Which articles in the Indian Constitution specifically provide for the protection and development of Scheduled Tribes?

Answer: The Indian Constitution contains several articles that provide for the protection and development of Scheduled Tribes. Key articles include Article 15, which prohibits discrimination, Article 46, which promotes their educational and economic interests, and Article 244, which provides for the administration of Scheduled and Tribal Areas under the Fifth and Sixth Schedules. Additionally, Article 338A establishes the National Commission for Scheduled Tribes.

Question: What is the role of the National Commission for Scheduled Tribes (NCST)?

Answer: The National Commission for Scheduled Tribes (NCST) was established under Article 338A of the Indian Constitution. Its primary role is to monitor and safeguard the rights and interests of Scheduled Tribes. The NCST advises the government on policy matters, oversees the implementation of constitutional provisions and welfare schemes, and investigates complaints related to the violation of ST rights.

Question: What is the purpose of the Fifth and Sixth Schedules in the Constitution?

Answer: The Fifth and Sixth Schedules of the Indian Constitution provide special provisions for the administration and governance of Scheduled and Tribal Areas. The Fifth Schedule applies to states with a significant ST population, ensuring their rights to land and resources. The Sixth Schedule applies to certain northeastern states and grants greater autonomy through Autonomous District Councils to preserve their customs, culture, and traditional practices.

Question: How do constitutional provisions ensure the educational development of Scheduled Tribes?

Answer: The Constitution ensures the educational development of Scheduled Tribes through Article 46, which directs the state to promote their educational and economic interests. Additionally, Article 15(4) allows for special provisions for the advancement of STs, leading to the reservation of seats in educational institutions and scholarships to support their academic growth.

MCQs

1. Under which Article of the Indian Constitution is the National Commission for Scheduled Tribes established?

A) Article 338
B) Article 338A
C) Article 342
D) Article 244

Answer: (B) See the Explanation

Explanation: Article 338A of the Indian Constitution provides for the establishment of the National Commission for Scheduled Tribes to safeguard their rights and interests.

2. Which of the following Schedules of the Indian Constitution deals with the administration of tribal areas in certain northeastern states?

A) Fifth Schedule
B) Sixth Schedule
C) Fourth Schedule
D) Seventh Schedule

Answer: (B) See the Explanation

Explanation: The Sixth Schedule of the Indian Constitution deals with the administration of tribal areas in the northeastern states, providing for the formation of Autonomous District Councils to safeguard their cultural and social identity.

3. What is the primary focus of Article 46 of the Indian Constitution?

A) Promotion of international relations
B) Protection of monuments
C) Promotion of educational and economic interests of weaker sections
D) Establishment of the Supreme Court

Answer: (C) See the Explanation

Explanation: Article 46 of the Indian Constitution directs the state to promote the educational and economic interests of Scheduled Castes, Scheduled Tribes, and other weaker sections of society.

4. Which article allows the President of India to notify tribes as Scheduled Tribes?

A) Article 342
B) Article 338A
C) Article 244
D) Article 46

Answer: (A) See the Explanation

Explanation: Article 342 empowers the President of India to notify certain tribes as Scheduled Tribes after consultation with the state governments.

5. What is the primary purpose of the Fifth Schedule of the Indian Constitution?

A) To regulate international treaties
B) To provide for the administration of Scheduled Areas and Tribes
C) To allocate financial resources
D) To outline the President's powers

Answer: (B) See the Explanation

Explanation: The Fifth Schedule of the Indian Constitution provides for the administration and governance of Scheduled Areas and Tribes, ensuring their protection and development.

GS Mains Questions and Model Answers

Q1: Analyze the constitutional provisions aimed at the protection and development of Scheduled Tribes in India.

Answer: The Indian Constitution includes several provisions to protect and promote the development of Scheduled Tribes (STs). Article 342 allows the President to designate certain tribes as STs, ensuring targeted benefits. Article 46 emphasizes the state’s responsibility to promote the educational and economic interests of STs and other weaker sections. The Fifth Schedule outlines the administration of Scheduled Areas, safeguarding tribal rights to land and resources, while the Sixth Schedule grants greater autonomy to certain northeastern states through Autonomous District Councils. Article 338A establishes the National Commission for Scheduled Tribes (NCST) to monitor and report on issues affecting STs and recommend measures for their welfare. These provisions collectively aim to preserve the cultural identity, ensure social justice, and enhance the socio-economic development of Scheduled Tribes in India.

Q2: Discuss the role and challenges faced by the National Commission for Scheduled Tribes (NCST) in upholding the rights of tribal communities.

Answer: The National Commission for Scheduled Tribes (NCST), established under Article 338A, plays a pivotal role in safeguarding the rights of tribal communities. Its duties include advising the government on policy matters, monitoring the implementation of welfare schemes, and investigating violations of ST rights. However, the NCST faces challenges such as limited enforcement power, insufficient funding, and coordination issues with state governments. Addressing these challenges requires stronger legislative backing, increased resources, and collaboration with local bodies to enhance its effectiveness. The NCST’s ability to address these issues is crucial for ensuring that tribal communities receive adequate representation and protection.

Q3: Evaluate the impact of the Fifth and Sixth Schedules on the governance and autonomy of tribal areas in India.

Answer: The Fifth and Sixth Schedules of the Indian Constitution have played an essential role in governing and granting autonomy to tribal areas. The Fifth Schedule, applicable to several states, provides for the establishment of Tribes Advisory Councils to advise on tribal welfare. It ensures that laws applicable to non-tribal areas are only extended to Scheduled Areas after the Governor’s approval. The Sixth Schedule, on the other hand, applies to certain northeastern states and allows for the creation of Autonomous District Councils with legislative and executive powers. These councils help preserve the cultural identity and manage the resources of tribal communities. While these schedules have empowered tribal areas, challenges such as political interference and lack of resources persist. Strengthening these mechanisms is essential to further the autonomy and development of tribal regions.

Previous Year Questions on Constitutional Provisions for Scheduled Tribes

1. UPSC CSE Prelims 2019:

Question: Which Article of the Indian Constitution provides for the appointment of a National Commission for Scheduled Tribes?

A) Article 338
B) Article 338A
C) Article 342
D) Article 244

Answer: (B)

Explanation: Article 338A of the Indian Constitution provides for the establishment of the National Commission for Scheduled Tribes to safeguard their rights and interests.

2. UPSC CSE Mains 2018 (GS Paper 2):

Question: "Assess the effectiveness of constitutional and legal provisions for the protection of tribal communities in India."

Answer: Constitutional and legal provisions such as Articles 342, 338A, and the Fifth and Sixth Schedules are designed to protect the rights and promote the welfare of tribal communities in India. Article 342 empowers the President to recognize tribes as Scheduled Tribes, ensuring targeted benefits. The National Commission for Scheduled Tribes (NCST) monitors and reports on issues affecting STs, though its effectiveness is often hampered by limited resources and coordination challenges. The Fifth and Sixth Schedules provide governance structures that uphold tribal autonomy and resource management. However, the effectiveness of these provisions is contingent upon proper implementation and addressing issues such as political intervention and funding shortages. Enhanced enforcement and proactive measures are needed to ensure that these provisions achieve their intended impact.

*The article might have information for the previous academic years, please refer the official website of the exam.
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