Tribes and Indian Constitution

The Constitution of India Guarantees

Social

Article 14:Equality before law

The state shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

Article 15:Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth

(4):Nothing in this article or in clause (2) of Article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled castes and the Scheduled tribes.

Article 16:Equality of opportunity in matters of public employment

(1):There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.

(4):Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.

Article 338:Special Officer for Scheduled Castes, Scheduled Tribes etc.

(1):There shall be a special officer for the Scheduled Castes and Scheduled Tribes to be appointed by the President.

(2) :It shall be duty of the special officer to investigate all matters relating to the safeguards provided for the Scheduled Castes and Scheduled Tribes under this constitution and report to the President upon the working of those safeguards at such intervals as the President may direct, and the President shall cause all such reports to be laid before each House of Parliament.

(3): In this article references to the Scheduled Castes and Scheduled Tribes shall be construed as including references to such other backward classes as the President may, on receipt of the report of a Commission appointed under clause (1) of Article 340, by order specify and also to the Anglo – Indian community.

Article 339:Control of the Union over the administration of Scheduled areas and the welfare of Scheduled Tribes

(1):The President may at any time and shall, at the expiration of ten years from the commencement of this constitution by order appoint a Commission to report on the administration of the Scheduled areas and the welfare of the Scheduled Tribes in the State. The order may define the composition, powers and procedures of the Commission and may contain may contain such incidental or ancillary provisions as the President may consider necessary or desirable.

(2):The executive power of the Union shall extend to the giving directions to [ a state] as to the drawing up and execution schemes specified in the direction to be essential for the welfare of the Scheduled Tribes in the State.

Article 340:Appoinment of a Commission to investigate the conditions of the backward classes

(1):The President may by order appoint a Commission consisting of such persons as he thinks fit to investigate the conditions of socially and educationally backward classes within the territory of India and the difficulties under which they labour and to make recommendation as to the steps that should be taken by the Union or any State to remove such difficulties and to improve their condition and as to the grants that should be made for the purpose by the Union or any state and the conditions subject to which such grants should be made, and the order appointing such Commission shall define the procedure to be followed by the Commission.

(2):A commission so appointed shall investigate the matters referred to them and present to the President a report setting out the facts as found by them and making such recommendations as they think proper.

(3):The President shall cause a copy of the report so presented together with a memorandum explaining the action taken thereon to be laid before each House of Parliament.

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 notifications, specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purpose 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.

Economic

Article 46: Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections

The state shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.

Article 275: Grants from the Union to certain States

(1): Such sums as Parliament may by law provide shall be charged on the Consolidated Fund of India in each year as grant-in-aid of the revenues of such States as Parliament may determine to be in need of assistance, and different sums may be fixed for different States:

Provided that there shall be paid out of the Consolidated Fund of India as grant-in-aid of the revenues of a State such capital and recurring sums as may be necessary to enable that State to meet the costs of such schemes of development as may be undertaken by the State with the approval of the Government of India for the purpose of promoting the welfare of the Scheduled Tribes in that State or raising the level of administration of the Scheduled areas therein to that of the administration of the rest of the areas of that State.

Article 335: Claims of Scheduled Castes and Scheduled Tribes to services and posts

The claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of the efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State.

Political

Article 244:Administration of the Scheduled Areas and Tribal Areas

(1): The provisions of the Fifth Schedule shall apply to the Administration and control of the Scheduled Areas and Scheduled Tribes in any state other than [the states of Assam [Meghalaya, Tripura and Mizoram]].

[FIFTH SCHEDULE

PART- B

Administration and control of Scheduled Areas and Scheduled Tribes

4. Tribes Advisory Council – (1) There shall be established in each State having Scheduled Areas therein and, if the President so directs, also in any State having Scheduled Tribes but not Scheduled Areas therein, a Tribes Advisory Council consisting of not more than twenty members of whom, as nearly as may be, three-fourth shall be the representatives of the Scheduled Tribes in the Legislative Assembly of the State.

Provided that if the number of representatives of the Scheduled Tribes in the Legislative Assembly of the State is less than the number of seats in the Tribes Advisory Council to be filled by such representatives, the remaining seats shall be filled by other members of those tribes.

(2):It shall be the duty of the Tribes Advisory Council to advise on such matters pertaining to the welfare and advancement of the Scheduled Tribes in the State as may be referred to them by the Governor.

(3):The Governor may take rules prescribing or regulating, as the case may be,-

1. the number of members of the Council, the mode of their appointment and the appointment of the Chairman of the Council and of the officers and servants thereof;
2. the conduct of its meetings and its procedure in general; and
3. all other incidental matters.

5. Law applicable to Scheduled Areas –

(1):Notwithstanding anything in this Constitution, the Governor may by public notification direct that any particular Act of Parliament or of the Legislature of the State shall not apply to a Scheduled Area or any part thereof in the State or shall apply to a Scheduled Area or any part thereof in the State subject to such exceptions and modifications as he may specify in the notification and any direction given under this sub-paragraph may be given so as to have retrospective effect.

(2):The Governor may take regulations for the peace and good government of any area in a State which is for the time being a Scheduled Area.

In particular and without prejudice to the generality of the foregoing power, such regulations may-

1. prohibit or restrict the transfer of land by or among members of the Scheduled Tribes in such area;
2. regulate the allotment of land to members of the Scheduled Tribes in such area;
3. regulate the carrying on of business as money-lender by persons paragraph, who lend money to members of the Scheduled Tribes in such area.

(3):In making any such regulations as is referred to in sub-paragraph (2) of this paragraph, the Governor may repeal or amend any Act of Parliament or of the Legislature of the Sate or any existing law of which is for the time being applicable to the area in question.

(4):All regulations made under this paragraph shall be submitted forthwith to the President and, until asserted to by him, shall have no effect.

(5):No regulations shall be made under this paragraph unless the Governor making the regulation has, in case where there is a tribes Advisory Council for the State, consulted such council.

PART- C

Scheduled Areas

(6). Scheduled Areas

(1):This constitution, the expression "Scheduled Areas" means such areas as the President may by order declare to be Scheduled Areas.

(2):The President may at any time by order

1. direct that the whole or any specified part of a Scheduled Area shall cease to be Scheduled Area or a part of such an area; [(aa) increase the area of any Scheduled Area in a State after consultation with the Governor of that State]
2. alter, but only by way of rectification of boundaries, any Scheduled Area;
3. on any alteration of boundaries of a State or on the admission into the Union or the establishment of a new State, declare any territory not previously included in any State to be form part of a Scheduled areas.
4. Rescind, in relation to any State or States, any order or orders made under this paragraph, and in consultation with the Governor of the State concerned make fresh orders redefining the areas which are to be Scheduled Areas.

And any such order may contain such incidental and consequential provisions as appear to the President to be necessary and proper, but save as aforesaid, the order made under sub-paragraph (1) of this paragraph shall not be varied by any subsequent order.]

(2):The provisions of the Sixth Schedule shall apply to the administration of the tribal areas in [the state of Assam, [Meghalaya, Tripura and Mizoram]].

Article 330:Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People

(1): Seats shall be reserved in the House of the People for

a. the Scheduled Castes;

b. the Scheduled Tribes except the Scheduled Tribes in the autonomous districts of Assam; and

c. the Scheduled Tribes in the autonomous districts of Assam.

(2): The number of seats reserved in any State [or Union Territory] for the Scheduled Castes or the Scheduled Tribes under clause (1) shall bear, as nearly as may be , the same proportion to the total number of seats allotted to that State [or Union territory] in the House of the People as the population of the Scheduled Caste in the State [ or Union Territory] or of the Scheduled Tribes in the State [or Union territory] or part of the State [ or Union Territory], as the case may be, in respect of which seats are so reserved, bears to the total population of the State [or Union Territory].

(3):Notwithstanding anything contend in clause (2) the number of seats reserved in the House of the people for the Scheduled Tribes in the autonomous districts of Assam shall bear to the total number of seats allotted to that State a proportion not less than the population of the scheduled tribe in the said autonomous district bears to the total population of the State.

Article 332: Reservation of seats for Scheduled Caste and Scheduled Tribes in the Legislative Assemblies of the States

Reservation of seats for Scheduled Caste and Scheduled Tribes in the Legislative Assemblies of the States

(1):Seats shall be reserved for Scheduled Castes and Scheduled Tribes, [except the Scheduled Tribes in the tribal areas of Assam, in Nagaland and in Meghalaya], in the Legislative Assembly of every State.

(2):Seats shall be reserved also for the autonomous districts in the Legislative Assembly of the state of Assam.

(3):The number of seats shall be reserved for the Scheduled Castes or Scheduled Tribes in the Legislative Assembly of any State under clause (1) shall bear, as nearly as may be, the same proportion to the total number of seats in the Assembly as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State or part of the State, as the case may be, in respect of which seats are so reserved, bears to the total population of the State.

(4):The number of seats reserved for an autonomous district in the Legislative Assembly of the State of Assam shall bear to the total number of seats in that Assembly a proportion not less than the population of the district bears to the total population of the State.

(6):No person who is not a member of a Scheduled Tribe of any autonomous district of the State of Assam shall be eligible for election to the Legislative Assembly of the State from any constituency of that district.

Article 243- C: Reservation of seats

(1):Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in every Panchayat and the number of seats so reserved shall bear, as nearly may be, the same proportion to the total number of seats to be filed by the direct election in that Panchayat as the population of the Scheduled Caste in that Panchayat area or of the Scheduled Tribes in that Panchayat area bears to the total population of that area :

Provided that where the population of Scheduled Caste or, as the case may be , the Scheduled Tribes in a Panchayat area is not sufficient for reservation of any seat, one seat for the Scheduled Castes or, as the case may be, one seat for the Scheduled Tribes shall be reserved in that Panchayat.

(2):As nearly as may be, thirty percent, of the total number of seats reserved under clause(1) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes:

Provided that where only Two seats are reserved for the scheduled castes or, as the case may be, the scheduled tribes, one of the two seats shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes.

(3):Nothing in this Part shall prevent the Legislature of a State from providing for the reservation of the office of Chairpersons in the Panchayats for the Scheduled Castes, the Scheduled Tribes and women.

(4):The reservation of seats under clause (1) and (2) and the reservation of office of the Chairpersons ( other than the reservation for women) referred to in clause (3), if any, shall have effect till the expiration of the period specified in article 334 and the proviso thereto shall, so far as may be, apply to such reservations.

(5):As nearly as may be, Thirty percent (including the number of seats reserved for the women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Panchayat shall be reserved for women and allotted by rotation to different constituencies in a Panchayat.