Part XVI - Special Provisions for Certain Classes • Article

Article 342 Simplified: Scheduled Tribes

Article 342 deals with scheduled tribes. It protects or identifies Scheduled Castes, Scheduled Tribes, socially and educationally backward classes, Scheduled Areas, or tribal welfare within the constitutional system.

Official Text

(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.

Simple Meaning

Explain Like Ten

This rule says the President writes the official list of which tribal groups are called 'Scheduled Tribes' in each state. If anyone wants to add a new tribe to the list, only Parliament can pass a law to do that.

Student Mode

Defines the mechanism for specifying Scheduled Tribes. Under Clause (1), the President, in consultation with the Governor of the respective state, issues a public notification specifying the tribes or tribal communities deemed to be Scheduled Tribes for that state. Under Clause (2), only Parliament has the legislative authority to make any additions or exclusions from this list.

Example

When the government must identify a Scheduled Tribe list, consider claims of SC/ST candidates in services, or review administration of Scheduled Areas, Article 342 provides the constitutional basis.

Key Takeaway

Article 342 supports constitutional protection, recognition, and welfare of historically disadvantaged communities.

FAQs

Can the President issue a notification specifying Scheduled Tribes for a Union Territory?

Yes. Under Article 342(1), the President can specify Scheduled Tribes for any State or Union territory. For UTs, consultation with a Governor is not required as they are administered directly by the President.

How does the SC list under Article 341 differ from the ST list under Article 342?

The SC list focuses on communities suffering from historical social disabilities like untouchability, whereas the ST list focuses on communities characterized by geographical isolation, distinct culture, and socio-economic backwardness.

Quiz

Under Article 342, which body has the power to exclude a tribal community from the Scheduled Tribes list?

Answer: The Parliament of India

The specification of Scheduled Tribes is done on a state-by-state basis. This means:

Answer: A tribe is deemed ST only in relation to the state specified in the notification