Model Answer
0 min readIntroduction
The term ‘Scheduled Tribes’ (STs) in India refers to indigenous communities who are recognized in the Constitution as deserving special consideration. This classification originated during the British colonial period, where certain tribal communities were identified as ‘Criminal Tribes’ due to their resistance to external rule and distinct socio-economic practices. Post-independence, recognizing historical injustices and vulnerabilities, the Indian Constitution adopted the term ‘Scheduled Tribes’ under Article 366(25), aiming to provide them with safeguards and opportunities for socio-economic and political advancement. This categorization is crucial for implementing affirmative action policies and protecting their unique cultural identities.
Rationale for ‘Scheduling’
The ‘scheduling’ of tribes wasn’t merely a nomenclature change. It was a deliberate attempt to address historical disadvantages, protect their land and resources, and integrate them into the national mainstream while preserving their distinct cultures. The criteria for identifying tribes as ‘Scheduled’ are laid down in Article 366(25) of the Constitution, which includes indications of primitive traits, geographical isolation, shyness of contact with the community at large, and backwardness.
Constitutional Provisions for Upliftment
The Constitution of India contains numerous provisions aimed at the upliftment of Scheduled Tribes. These can be broadly categorized as follows:
1. Fundamental Rights (Articles 14-21)
- Article 14 (Equality before Law): Guarantees equal treatment, but allows for special provisions for STs.
- Article 15 (Prohibition of Discrimination): Prohibits discrimination on grounds of religion, race, caste, sex or place of birth, but allows for special provisions for STs in education and employment.
- Article 16 (Equality of Opportunity in Employment): Reserves posts in public services for STs.
- Article 19 (Freedom of Movement): Allows the state to restrict the right to reside and settle in any part of India for the protection of STs.
- Article 21 (Protection of Life and Personal Liberty): Ensures protection of their traditional way of life and culture.
2. Directive Principles of State Policy (Article 46)
Article 46 directs the State to promote the social and economic interests of STs and other weaker sections, protecting them from social injustice and exploitation. This is a non-justiciable article but serves as a guiding principle for policy formulation.
3. Specific Provisions (Articles 275, 330-342)
- Article 275: Provides for grants-in-aid to states for welfare of STs and other backward classes.
- Articles 330 & 332: Reserve seats for STs in the Lok Sabha and State Legislative Assemblies respectively.
- Articles 335: Claims relating to services and posts under the Union or States are relaxed in favour of STs.
- Article 339: Allows the State to take special measures for the advancement of STs.
- Article 342: Empowers the President to specify the tribes which shall be deemed to be Scheduled Tribes in any State.
4. Fifth and Sixth Schedules
These Schedules deal with the administration of Scheduled Areas and Tribal Areas respectively.
- Fifth Schedule: Applies to states other than Assam, Meghalaya, Mizoram, and Nagaland. It provides for the establishment of Tribes Advisory Councils to advise the Governor on matters relating to the welfare and advancement of STs.
- Sixth Schedule: Applies to Assam, Meghalaya, Mizoram, and Nagaland. It provides for the establishment of Autonomous Districts with self-governing bodies to manage their own affairs.
5. Post-Constitutional Amendments & Legislation
Several amendments and legislations have further strengthened the provisions for STs. The 73rd and 79th Constitutional Amendments (1992-1999) extended reservations to STs in local bodies. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA) recognizes the rights of forest-dwelling tribal communities to forest land and resources.
Furthermore, various schemes like the Pradhan Mantri Van Dhan Yojana and Eklavya Model Residential Schools (EMRS) aim to provide economic empowerment and quality education to tribal communities.
Conclusion
The constitutional provisions for Scheduled Tribes represent a significant commitment to social justice and equitable development. While substantial progress has been made, challenges such as land alienation, displacement due to development projects, and persistent socio-economic disparities remain. Effective implementation of existing provisions, coupled with innovative policies addressing contemporary challenges, is crucial for ensuring the holistic upliftment and empowerment of tribal communities in India. A continued focus on preserving their cultural heritage alongside socio-economic advancement is essential for a truly inclusive and equitable society.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.