Power to Modify Scheduled Tribes List

May 9, 2023

Context:

Recently, Chief Justice of India orally said that a High Court does not have the power to direct changes in the Scheduled Tribes List. It is a Presidential power to designate a Scheduled Caste or Scheduled Tribe.

More on News:

The Constitution Bench in State of Maharashtra versus Milind had held that it is not open to State governments or courts or tribunals or any other authority to modify, amend or alter the list of Scheduled Tribes specified in the notification issued under clause (1) of Article 342.

Background:

A single Judge Bench of the Manipur High Court, in March, directed that the State government shall consider the case of the petitioners for inclusion of the Meetei/Meitei community in the Scheduled Tribe list, ideally within four weeks.

How does the Constitution define Scheduled Tribes?

The Constitution of India identifies Scheduled Tribes as simply ones that are “deemed under Article 342 (1) to be Scheduled Tribes” as per the provisions of Article 366.
Article 342 combined with Article 366 only lays out the process to define Scheduled Tribes, wherein the “President may with respect to any State or Union Territory, and where it is a State, after consultation with the Governor, by a public notification, specify the tribes or tribal communities or part of or groups within tribes or tribal communities as Scheduled Tribe in relation to that State or Union Territory.”
So essentially, the President is the sole authority to notify tribal communities as Scheduled Tribes as per the Constitution of India, with the Governor playing a recommendatory role.
However, the Constitution has remained silent on the criterion for the identification of ST communities.
Thus as a general convention, the recommendations of the 1965 Lokur Committee are followed to identify ST communities based on indicative criterion such as
1. Primitive traits
2. Distinctive culture
3. Geographical isolation
4. Shyness of contact with the community at large
5. Backwardness.

Constitutional provisions for modifying ST lists:

Article 342 clause (2) provides that the “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.”
So essentially, the Parliament is the sole authority to pass amendments to the Constitution to modify the lists.
Additionally, the state governments play an advisory role, wherein the process to include tribes in the ST list starts with the recommendation of the respective State governments, which are then sent to the Tribal Affairs Ministry(MoTA).
MoTA reviews and sends them to the Registrar General of India for approval.
The National Commission for Scheduled Tribes also monitors and approves the lists before it is sent to the Cabinet for a final go ahead.

Benefits accruing from being recognised as STs:

Tribal Autonomy Provision: The fifth and sixth schedules of the Constitution provide for greater autonomy to tribal communities in the administration of Scheduled areas and Tribal areas.
Tribes Advisory Council: The fifth schedule provides for the Tribes Advisory Council, which comprises 3/4th of its members from the STs, while the sixth schedule enlists provisions for autonomous district and regional councils.
- This is done to ensure that the tribal communities can preserve their unique culture.
Welfare Schemes for ST Communities: Additionally, the government has formulated multiple welfare schemes for the benefit and upliftment of ST communities, ranging from post-matric scholarship, overseas scholarship and the national fellowship, besides education, to concessional loans from the National Scheduled Tribes Finance and Development Corporation, and hostels for students.
Benefits of Reservation: Furthermore, inclusion in ST lists also entitles tribal communities for the benefits of reservations in jobs and educational institutions as per government policies.