Previous Year Question
Consider the following statements:
It is the Governor of the State who recognises and declares any community of that State as a Scheduled Tribe.
A community declared as a Scheduled Tribe in a State need not be so in another State.
Which of the statements given above is/are correct?
1 only
2 only
Both 1 and 2
Neither 1 nor 2
Correct Answer: B
Detailed Solution
Statement 1 is incorrect
The constitutional procedure for declaring a community as a Scheduled Tribe is contained in Article 342.
Under Article 342(1)—
The President may, by public notification, specify the tribes, tribal communities or their parts or groups that shall be deemed Scheduled Tribes in relation to a State or Union Territory.
In the case of a State, the President consults the Governor before issuing the notification.
The Governor’s role is consultative; the constitutional notification is issued by the President.
Under Article 342(2), the power to include a community in or exclude it from the Scheduled Tribes list rests with Parliament. Such a change is made through a parliamentary law. The President cannot subsequently alter the list through an ordinary notification.
Procedure for modifying the Scheduled Tribes list
In practice, a proposal to include or exclude a community generally originates from the concerned State Government or Union Territory Administration. The proposal is then examined with the involvement of—
Registrar General of India
National Commission for Scheduled Tribes
Ministry of Tribal Affairs
Union Cabinet and Parliament
The final change takes place after Parliament enacts the required law.
Therefore, it is incorrect to state that the Governor independently declares a community as a Scheduled Tribe.
Statement 2 is correct
Scheduled Tribe status is specific to a State or Union Territory.
A community may be recognised as a Scheduled Tribe in one State but need not have the same status in another State.
Scheduled Tribes lists are notified separately in relation to each State and Union Territory.
Migration to another State does not automatically include that community in the Scheduled Tribes list of the destination State.
Article 366(25)
Article 366(25) defines Scheduled Tribes as those tribes, tribal communities or their parts or groups that are deemed to be Scheduled Tribes under Article 342 for constitutional purposes.