Why are the tribals in India referred to as ‘the Scheduled Tribes’? Indicate the major provisions enshrined in the Constitution of India for their upliftment.
Subtopic: Indian Society · Scheduled Tribes and constitutional safeguards
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Detailed model answer
248 words · target 200 words · 14 min
The term Scheduled Tribes is a constitutional-administrative category, not an anthropological one. Article 366(25) defines STs as those tribes or tribal communities deemed under Article 342, whereby the President, after consulting the Governor, notifies them in a public Schedule; hence they are called Scheduled Tribes. The Constitution (Scheduled Tribes) Order, 1950 issued the first list, and only Parliament can modify it. The Lokur Committee (1965) criteria guide inclusion: primitive traits, distinctive culture, geographical isolation, shyness of contact with the community at large, and backwardness.
Constitutional provisions for their upliftment
- Educational and economic: Article 15(4) special provisions; Article 46 directs the State to promote their educational and economic interests and protect them from social injustice and exploitation; Article 275(1) provides grants-in-aid for tribal welfare and scheduled-area administration.
- Employment: Article 16(4) reservation in public services; Article 335 requires ST claims to be considered in appointments consistently with administrative efficiency.
- Political: reserved seats in the Lok Sabha (Article 330), state assemblies (Article 332) and panchayats (Article 243D), with Article 334 extending legislative reservation.
- Administrative: Article 244 operationalises the Fifth Schedule (Tribes Advisory Councils, Governor's power to adapt laws) and the Sixth Schedule autonomous district councils in Assam, Meghalaya, Tripura and Mizoram; Articles 371A and 371G protect Naga and Mizo customary law.
- Institutional and protective: Article 338A creates the National Commission for Scheduled Tribes; Article 339 permits Union directions on scheduled-area administration; Article 19(5) allows restrictions on outsiders' entry and property rights to protect tribal interests.
Together these weave a framework of protection, representation and development, later reinforced by statutes such as PESA, 1996 and the Forest Rights Act, 2006.
What an examiner expects to see
- Scheduled because notified in a Schedule by Presidential order under Article 342; Article 366(25) supplies the definition; first list via the Constitution (Scheduled Tribes) Order, 1950; only Parliament can amend it
- Lokur Committee (1965) five criteria: primitive traits, distinctive culture, geographical isolation, shyness of contact, backwardness
- Educational-economic safeguards: Articles 15(4), 46 and 275(1)
- Employment safeguards: Articles 16(4) and 335
- Political reservation: Articles 330, 332, 243D and 334
- Administrative machinery: Article 244 with the Fifth and Sixth Schedules; Articles 371A and 371G for customary law
- Institutional-protective layer: Article 338A (NCST), Article 339, Article 19(5) restrictions protecting tribal land and culture
Concrete cases, schemes and judgments
- Constitution (Scheduled Tribes) Order, 1950 issuing the first ST list
- Tribes Advisory Councils in Fifth Schedule states such as Jharkhand and Chhattisgarh
- Sixth Schedule autonomous councils, e.g., Bodoland Territorial Council in Assam
- PESA, 1996 and the Forest Rights Act, 2006 as statutory extensions of the constitutional scheme