Scheduled Tribes
Article 342 — Scheduled Tribes
State or Union territory, and where it is a State 45***, after consultation with the Governor 31*** thereof], by public notification6,5 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.
Plain English Summary
This article gives the power to either a State or the Union government to officially list specific tribes or tribal communities within their territory as "Scheduled Tribes." This designation is made through a public announcement. Parliament also has the power to add or remove groups from this list through law, but once a notification is made, it generally cannot be changed later.
Key Points
- A State or Union Territory can specify which tribes are Scheduled Tribes in that area.
- This designation is done through a public notification.
- Parliament has the power to include or exclude any tribe from this list via law.
- Once listed, the notification cannot be changed by later notifications.
Why It Matters
This article is fundamental because it establishes the legal framework for identifying and recognizing tribal communities, which allows them to avail themselves of special provisions and protections under the Constitution.
Landmark Judgements
No major landmark judgements.