Scheduling and de-scheduling of Tribes

The Constitution of India provides a framework for identifying and recognizing certain tribes as Scheduled Tribes (STs) to promote their social and economic development. This process, known as scheduling, involves officially listing specific tribes, while de-scheduling refers to the removal of tribes from this list.

Constitutional Provisions:

• Article 366(25): Defines Scheduled Tribes as those communities deemed under Article 342 to be Scheduled Tribes for the purposes of the Constitution.
• Article 342:
• Clause (1): Empowers the President of India to specify, through public notification, the tribes or tribal communities deemed as Scheduled Tribes concerning a particular State or Union Territory. In the case of States, this is done after consulting with the respective Governor.
• Clause (2): Allows Parliament to modify the list by including or excluding tribes or tribal communities through legislation.

Criteria for Scheduling:

While the Constitution does not explicitly define criteria for identifying Scheduled Tribes, certain characteristics have been traditionally considered:

• Primitive Traits: Indications of early or simplistic socio-economic development.
• Distinctive Culture: Unique cultural practices, languages, or traditions.
• Geographical Isolation: Residence in remote or secluded areas.
• Shyness of Contact: Reluctance to interact with the broader community.
• Backwardness: Economic and social disadvantages compared to other communities.

Procedure for Scheduling and De-Scheduling:

1. State Recommendations: State governments initiate proposals for the inclusion or exclusion of tribes based on criteria and assessments.
2. Review by the Registrar General of India (RGI): The RGI examines the proposals, focusing on the ethnographic and demographic aspects of the communities concerned.
3. National Commission for Scheduled Tribes (NCST): The NCST reviews the proposals and RGI's comments, considering the socio-economic and cultural aspects.
4. Cabinet Approval: The Ministry of Tribal Affairs consolidates the recommendations and seeks approval from the Cabinet.
5. Parliamentary Enactment: An amendment bill is introduced and passed in Parliament to officially modify the list of Scheduled Tribes.

Significance of Scheduling:

Inclusion in the Scheduled Tribes list grants communities’ access to specific constitutional safeguards and benefits, such as:

• Reservation: Seats in legislatures, educational institutions, and government jobs.
• Development Programs: Targeted schemes for socio-economic upliftment.
• Legal Protections: Safeguards against discrimination and exploitation.

Recent Amendments:

The Government of India periodically updates the list of Scheduled Tribes to reflect changing socio-economic dynamics. For instance, the Constitution (Scheduled Tribes) Order (Amendment) Act, 2024, included certain communities from Odisha and Andhra Pradesh in the Scheduled Tribes list. This structured process ensures that the identification and recognition of Scheduled Tribes remain relevant and effective in addressing the unique challenges faced by these communities.

Reference link:

https://tribal.nic.in/Clm.aspx