वापस जायें / Back

Constitutional Provisions about Scheduled Tribes

Tribe is a social group which existed before the development of State or is still outside the concept of State. The basis of calling a community a tribe includes the following -

1. Primitive
2. Distinctive Culture
3. Geographical Separation
4. Hesitation in interacting with the mainstream society
5. Backwardness

The provisions for Scheduled Tribes in the Indian Constitution can be divided mainly in two groups – provisions for security and provisions fro development. The provisions for security of Scheduled Tribes are contained in Articles 15(4), 16(4), 19(5), 29, 46, 164, 244, 330, 332, 334, 335 ? 338, 339(1) and fifth and sixth schedule of the Constitution. The provisions for development of Scheduled Tribes are contained in Articles 275(1) and 339 (2) of the Constitution.

Article 15(4) – (Inserted by Section 2 of First Constitution Amendment Act 1951) Article 15 of the Constitution states that the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. However Article 15(4) qualifies it by stating that - Nothing in this article or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.

Article 16(4) – Article 16 States that - No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State. However Article 16(4) qualifies it by stating that- (4) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.

Article 16(4 a) - (Inserted by Section 2 of Seventy seventh Constitution Amendment Act 1995) Nothing in this article shall prevent the State from making any provision for reservation 3 [in matters of promotion, with consequential seniority, to any class] or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State.

Article 16(4 b) - (Inserted by Section 2 of Eighty first Constitution Amendment Act 2000) Nothing in this article shall prevent the State from considering any unfilled vacancies of a year which are reserved for being filled up in that year in accordance with any provision for reservation made under clause (4) or clause (4A) as a separate class of vacancies to be filled up in any succeeding year or years and such class of vacancies shall not be considered together with the vacancies of the year in which they are being filled up for determining the ceiling of fifty per cent reservation on total number of vacancies of that year.

Article 19(5) – Article 19 provides many freedoms to the citizens including the freedom of speech. Sub clause (d) of this article gives freedom to citizens to move freely throughout the territory of India and sub clause (e) of this article gives freedom to citizens to reside and settle in any part of the territory of India. However Article 19 (5) qualifies these freedoms by stating that - Nothing in 5 sub-clauses (d) and (e) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, reasonable restrictions on the exercise of any of the rights conferred by the said sub-clauses either in the interests of the general public or for the protection of the interests of any Scheduled Tribe.

Article 29 – Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.

Article 46 – This is in Part-4 of the Constitution – Directive Principles of State Policy. This article states – The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.

Article 164 – This is with respect to the council of Ministers of States. It provides that – Provided that in the States of Bihar, Madhya Pradesh and Orissa, there shall be a Minister in charge of tribal welfare who may in addition be in charge of the welfare of the Scheduled Castes and backward classes or any other work.

Article 244 (1) – The provisions of the Fifth Schedule shall apply to the administration and control of the Scheduled Areas and Scheduled Tribes in any State other than the States of Assam, Meghalaya, Tripura and Mizoram.

Article 275 (1) - Provides that there shall be paid out of the Consolidated Fund of India as grants-in-aid of the revenues of a State such capital and recurring sums as may be necessary to enable that State to meet the costs of such schemes of development as may be undertaken by the State with the approval of the Government of India for the purpose of promoting the welfare of the Scheduled Tribes in that State or raising the level of administration of the Scheduled Areas therein to that of the administration of the rest of the areas of that State.

Article 330 – Reservation of seats in Lok Sabha for Scheduled Castes and Scheduled tribes.

Article 332 – Reservation of seats in State Vidhan Sabhas for Scheduled Castes and Scheduled Tribes.

Article 334 – This article provides that - the reservation of seats for the Scheduled Castes and the Scheduled Tribes in the House of the People and in the Legislative Assemblies of the States shall cease to have effect on the expiration of a period of 1 [sixty years] from the commencement of this Constitution.

Article 335 – The claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State: Provided that nothing in this article shall prevent in making of any provision in favour of the members of the Scheduled Castes and the Scheduled Tribes for relaxation in qualifying marks in any examination or lowering the standards of evaluation, for reservation in matters or promotion to any class or classes of services or posts in connection with the affairs of the Union or of a State. (The proviso was inserted by Section 2 of Eighty Second Constitution Amendment Act 2000)

Article 338 a – This is about National Scheduled tribes Commission. (This was inserted by section 2 of Eighty Ninth Constitution Amendment Act 2003)

Article 339 – (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 the Scheduled Tribes in the States 1 ***. The order may define the composition, powers and procedure of the Commission and may contain such incidental or ancillary provisions as the President may consider necessary or desirable. (2) The executive power of the Union shall extend to the giving of directions to 2 [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.

Article 342 – (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 5 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.

FIFTH SCHEDULE

Article 244(1)

Provisions as to the Administration and Control of Scheduled Areas and Scheduled Tribes

PART A

GENERAL

1. Interpretation - In this Schedule, unless the context otherwise requires, the expression “State” does not include the States of Assam, Meghalaya, Tripura and Mizoram.
2. Executive power of a State in Scheduled Areas—Subject to the provision of this Schedule, the executive power of a State extends to the Scheduled Areas therein.
3. Report by the Governor to the President regarding the administration of Scheduled Areas - The Governor of each State having Scheduled Areas therein shall annually, or whenever so required by the President, make a report to the President regarding the administration of the Scheduled Areas in that State and the executive power of the Union shall extend to the giving of directions to the State as to the administration of the said areas.

PART B

ADMINISTRATION AND CONTROL OF SCHEDULED AREAS AND SCHEDULED TRIBES

4. Tribes Advisory Council –
   1. There shall be established in each State having Scheduled Areas therein and, if the President so directs, also in any State having Scheduled Tribes but not Scheduled Areas therein, a Tribes Advisory Council consisting of not more than twenty members of whom, as nearly as may be, three-fourths shall be the representatives of the Scheduled Tribes in the Legislative Assembly of the State: Provided that if the number of representatives of the Scheduled Tribes in the Legislative Assembly of the State is less than the number of seats in the Tribes Advisory Council to be filled by such representatives, the remaining seats shall be filled by other members of those tribes.
   2. It shall be the duty of the Tribes Advisory Council to advise on such matters pertaining to the welfare and advancement of the Scheduled Tribes in the State as may be referred to them by the Governor
   3. The Governor may make rules prescribing or regulating, as the case may be –
      1. the number of members of the Council, the mode of their appointment and the appointment of the Chairman of the Council and of the officers and servants thereof;
      2. the conduct of its meetings and its procedure in general; and
      3. all other incidental matters.
5. Law applicable to Scheduled Areas –
   1. Notwithstanding anything in this Constitution, the Governor may by public notification direct that any particular Act of Parliament or of the Legislature of the State shall not apply to a Scheduled Area or any part thereof in the State or shall apply to a Scheduled Area or any part thereof in the State subject to such exceptions and modifications as he may specify in the notification and any direction given under this sub-paragraph may be given so as to have retrospective effect.
   2. The Governor may make regulations for the peace and good government of any area in a State which is for the time being a Scheduled Area. In particular and without prejudice to the generality of the foregoing power, such regulations may –
      1. prohibit or restrict the transfer of land by or among members of the Scheduled Tribes in such area;
      2. regulate the allotment of land to members of the Scheduled Tribes in such area;
      3. regulate the carrying on of business as money-lender by persons who lend money to members of the Scheduled Tribes in such area.
   3. In making any such regulation as is referred to in sub-paragraph (2) of this paragraph, the Governor may repeal or amend any Act of Parliament or of the Legislature of the State or any existing law which is for the time being applicable to the area in question.
   4. All regulations made under this paragraph shall be submitted forthwith to the President and, until assented to by him, shall have no effect.
   5. No regulation shall be made under this paragraph unless the Governor making the regulation has, in the case where there is a Tribes Advisory Council for the State, consulted such Council.

PART C

SCHEDULED AREAS

6. Scheduled Areas –
   1. In this Constitution, the expression “Scheduled Areas” means such areas as the President may by order declare to be Scheduled Areas.
   2. The President may at any time by order-
      1. direct that the whole or any specified part of a Scheduled Area shall cease to be a Scheduled Area or a part of such an area;
         (aa) increase the area of any Scheduled Area in a State after consultation with the Governor of that State;
      2. alter, but only by way of rectification of boundaries, any Scheduled Area;
      3. on any alteration of the boundaries of a State or on the admission into the Union or the establishment of a new State, declare any territory not previously included in any State to be, or to form part of, a Scheduled Area;
      4. rescind, in relation to any State or States, any order or orders made under this paragraph, and in consultation with the Governor of the State concerned, make fresh orders redefining the areas which are to be Scheduled Areas; and any such order may contain such incidental and consequential provisions as appear to the President to be necessary and proper, but save as aforesaid, the order made under sub-paragraph (1) of this paragraph shall not be varied by any subsequent order.

PART D

AMENDMENT OF THE SCHEDULE

7. Amendment of the Schedule –
   1. Parliament may from time to time by law amend by way of addition, variation or repeal any of the provisions of this Schedule and, when the Schedule is so amended, any reference to this Schedule in this Constitution shall be construed as a reference to such Schedule as so amended.
   2. No such law as is mentioned in sub-paragraph (1) of this paragraph shall be deemed to be an amendment of this Constitution for the purposes of article 368.