News Highlight
The Minister for Tribal Affairs introduces bills in the Lok Sabha to modify the Scheduled Tribes list in four states.
Key Takeaway
- As per Article 342 of the Constitution, the President is the sole authority to notify tribal communities as Scheduled Tribes, while the Parliament has the power to modify the Scheduled Tribes list.
Bills introduced in Lok Sabha.
- Key Findings
- Four separate bills were introduced in Lok Sabha to revise the Scheduled Tribes lists in four states.
- Union Tribal Affairs Minister introduced the Constitution (Scheduled Tribes) Order (Amendment) Bills for Chhattisgarh, Karnataka, Tamil Nadu and Himachal Pradesh.
- To include the Narikoravan and Kuruvikkaran hill tribes in Tamil Nadu’s ST list.
- The Hattie community of Sirmaur district’s Trans-Giri region has been added to Himachal Pradesh’s ST list.
- To include Betta-Kuruba as a synonym for the already-classified Kadukuruba in Karnataka’s ST list.
- To include several synonyms in the Devnagri script for the already classified BhariyaBhumia tribe in Chhattisgarh’s ST list.
The Scheduled Tribes List inclusion procedure
- Recommendations from the State governments
- The inclusion of tribes on the ST list begins with recommendations from the respective state governments.
- They are then forwarded to the Tribal Affairs Ministry, which reviews them and forwards them to the Registrar General of India for approval.
- NCST endorsement
- The National Commission approves the list of Scheduled Tribes (NCST) before being sent to the Cabinet for a final decision.
- Assent of the President
- The President makes the final decision (under Article 342).
- Any community’s inclusion in the STs takes effect only after the President signs a Bill amending the Constitution (Scheduled Tribes) Order, 1950.
Important Constitutional Provisions
- Article 46
- Article 46 of the Constitution provides that the State shall promote the educational and economic interests of the weaker sections of society with special care.
- In particular, of the Scheduled Castes and STs and shall protect them from social injustice and all forms of exploitation.
- Article 366(25)
- It only provides a method for defining STs: “STs” refers to “tribes or tribal communities, or parts of or groups within such tribes or tribal communities, that are deemed Scheduled Tribes for this Constitution under Article 342.”
- Article 342(1)
- The President, concerning any State/UT (after consultation with the Governor in case of state), may specify the tribes/tribal communities/part of or groups within tribes/ tribal communities as an ST in that State/UT.
- Fifth Schedule
- It specifies provisions for the administration and control of Scheduled Areas and STs in states other than those listed in the sixth schedule.
- Sixth Schedule
- Administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram.
Statutory Provisions
- Protection of Civil Rights Act, 1955 against Untouchability.
- Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
- Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996.
- STs and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
Pic Courtesy: Outlook India
Content Source: The Hindu