Actual Article
Article 342: Scheduled Tribes
(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.
UPSC Notes for Article 342
Explanation:
- Presidential Authority: Article 342(1) empowers the President to specify, by public notification, the tribes or tribal communities that shall be deemed as Scheduled Tribes (STs) in relation to a particular State or Union territory, after consultation with the Governor in the case of a State.
- Parliament’s Power: Article 342(2) grants Parliament the authority to include or exclude any tribe or tribal community from the list of Scheduled Tribes specified in the Presidential notification. Any changes to the list can only be made through legislation by Parliament.
Key Points:
- Identification of Scheduled Tribes: Provides a clear mechanism for the identification and recognition of Scheduled Tribes, ensuring that the benefits and protections provided under the Constitution are accurately targeted.
- Consultation with Governor: Ensures that the identification process is inclusive and takes into account the perspectives of the State’s executive head.
- Legislative Oversight: Grants Parliament the power to make final changes to the list, ensuring that the process is subject to democratic oversight and debate.
Important Cases and Commissions Related to Article 342
Cases:
- State of Maharashtra vs. Milind (2001): The Supreme Court ruled that the identification of Scheduled Tribes is final once notified by the President, and any changes to the list can only be made by Parliament.
- E.V. Chinnaiah vs. State of Andhra Pradesh (2004): The Court held that once a community is notified as a Scheduled Tribe, all members of that community are entitled to the same benefits, and sub-classification within Scheduled Tribes is not permissible.
Commissions:
- National Commission for Scheduled Tribes (NCST): Established under Article 338A, the NCST monitors and reports on the implementation of safeguards for Scheduled Tribes and makes recommendations to the government regarding changes to the list of Scheduled Tribes.
- Various State Commissions for Scheduled Tribes: Work at the state level to address issues related to Scheduled Tribes and ensure their rights are protected.
Important Reports Related to Article 342:
- NCST Reports: Provide insights into the status of Scheduled Tribes and recommend necessary changes to the list of Scheduled Tribes.
- Law Commission Reports: Discuss the legal frameworks for the identification and protection of Scheduled Tribes and suggest reforms to improve their socio-economic status.
Previous Year Prelims Questions Related to Article 342
- (UPSC Prelims 2016) Who has the authority to specify the tribes or tribal communities as Scheduled Tribes in a State or Union territory under Article 342 of the Indian Constitution?
A. The Prime Minister
B. The President
C. The Chief Minister
D. The Speaker of the Lok Sabha Correct Answer: B. The President - (UPSC Prelims 2018) Under Article 342(2), who has the power to include or exclude any tribe or tribal community from the list of Scheduled Tribes specified in a Presidential notification?
A. The Supreme Court
B. The Prime Minister
C. The Governor
D. The Parliament Correct Answer: D. The Parliament
Previous Year Mains Questions Related to Article 342
- Mains 2016: “Discuss the significance of Article 342 in the identification and protection of Scheduled Tribes in India. How does the involvement of both the President and Parliament ensure a balanced approach to this process?”
- Mains 2019: “Evaluate the impact of the Supreme Court’s rulings on the identification and classification of Scheduled Tribes under Article 342. What are the key challenges in implementing these constitutional provisions?”
Additional Insights:
- Ensuring Inclusivity: Article 342 ensures that the process of identifying Scheduled Tribes is inclusive, taking into account the views of both the central and state governments.
- Democratic Process: The requirement for parliamentary approval for any changes to the list of Scheduled Tribes ensures that the process is transparent and subject to democratic scrutiny.
- Protection of Rights: By clearly defining who qualifies as Scheduled Tribes, Article 342 helps in the effective implementation of various affirmative action policies aimed at uplifting these communities.
Understanding Article 342 is crucial for UPSC aspirants as it provides insights into the constitutional mechanisms for the identification and protection of Scheduled Tribes in India. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the mechanisms ensuring social justice and equality within the Indian Constitution.