Article 339

Article 339 of the Constitution of India establishes the framework for Union control and supervision over the administration of Scheduled Areas and the welfare of Scheduled Tribes (STs). It reflects the Constitution’s commitment to ensuring that the development and governance of tribal regions align with the principles of justice, equality, and protection of indigenous rights. By empowering the Union to monitor State performance and issue directions, Article 339 ensures the effective implementation of constitutional safeguards for India’s tribal populations.

Constitutional Context and Objective

Scheduled Tribes, recognised under Article 366(25), represent some of the most vulnerable and historically marginalised communities in India. Their welfare and protection are integral to the constitutional vision of social justice.
Article 339 functions as a supervisory provision that allows the Union Government to oversee the administration of Scheduled Areas and the execution of welfare measures for Scheduled Tribes. It ensures that the States remain accountable in implementing constitutional and legislative safeguards designed for tribal welfare.
The article draws its spirit from the Directive Principles of State Policy, particularly Article 46, which directs the State to promote the educational and economic interests of Scheduled Castes and Scheduled Tribes and protect them from social injustice and exploitation.

Clause (1): Presidential Commission for Scheduled Tribes

Under Article 339(1), the President of India is empowered to appoint a Commission to report on the administration of the Scheduled Areas and the welfare of Scheduled Tribes in the States specified.
The key features of this provision include:

• The Commission must be appointed within ten years from the commencement of the Constitution, though the President may appoint similar commissions later as necessary.
• The composition, powers, and procedures of the Commission are determined by the President.
• The Commission is tasked with assessing the working of constitutional safeguards and recommending measures for improving administration and development in tribal regions.

The most notable example of such a body is the Dhebar Commission (1960–61), the First Commission on Scheduled Areas and Scheduled Tribes, which was appointed by the President under Article 339(1). The Commission’s report provided the first comprehensive evaluation of tribal administration and welfare schemes, influencing later policy initiatives and institutional reforms.

Clause (2): Union’s Executive Power over Tribal Welfare

Article 339(2) empowers the Union Executive to direct State Governments regarding the formulation and implementation of schemes for the welfare of Scheduled Tribes.
This clause serves as a constitutional mechanism for coordination between the Union and the States. It ensures:

• Uniformity in policy implementation across States having Scheduled Areas or significant tribal populations.
• Accountability of State administrations in effectively using funds and resources allocated for tribal development.
• Intervention by the Union, where State measures are inadequate or inconsistent with constitutional mandates.

The provision underscores the federal responsibility of the Union in ensuring that the benefits of development reach tribal communities equitably and that their constitutional safeguards are not diluted by administrative neglect.

Scheduled Areas and Their Administration

Scheduled Areas are those regions identified under the Fifth Schedule of the Constitution as being predominantly inhabited by Scheduled Tribes. These areas are entitled to special administrative arrangements to safeguard tribal interests.
The key features of Scheduled Areas include:

• Special governance structures, such as Tribal Advisory Councils, established in each State having Scheduled Areas to advise on welfare and policy matters affecting tribal communities.
• Governor’s special responsibilities, under which the Governor of a State submits periodic reports to the President regarding the administration of Scheduled Areas.
• Parliamentary and Presidential powers, allowing the modification or adaptation of laws to suit the unique conditions of these areas.

In contrast, tribal areas under the Sixth Schedule—located primarily in the northeastern States—are administered through Autonomous District Councils, which enjoy greater legislative and executive autonomy.

Role of the Union and the States

The administration of Scheduled Areas involves both Union supervision and State-level execution:

• The Union Government, through the Ministry of Tribal Affairs, formulates policies, issues guidelines, and provides financial assistance for tribal welfare programmes.
• The State Governments, through their Tribal Welfare Departments, implement these programmes and ensure that the benefits reach the targeted beneficiaries.

This cooperative federal framework is designed to maintain consistency in national policy while allowing for regional adaptation based on local tribal needs and traditions.

Key Judicial Pronouncements

Several landmark Supreme Court judgments have clarified the constitutional implications of Article 339 and related provisions concerning tribal rights and the governance of Scheduled Areas:

• Samatha v. State of Andhra Pradesh (1997): The Court held that the transfer of tribal land to non-tribals or private industries in Scheduled Areas is unconstitutional, reaffirming the protection of tribal land rights under the Fifth Schedule.
• Orissa Mining Corporation v. Ministry of Environment and Forests (2013) (Niyamgiri case): *The Court upheld the rights of Scheduled Tribes and other traditional forest dwellers to decide matters affecting their sacred lands and forests, recognising the Gram Sabha’s authority in granting consent for mining projects.
• State of Madhya Pradesh v. K. K. Singh (2000): The Court emphasised that the Union Government has both the duty and authority to ensure the proper administration of Scheduled Areas and the effective implementation of tribal welfare measures.

These cases collectively reinforced the constitutional obligation to protect the socio-economic and cultural rights of Scheduled Tribes.

Implementation Mechanisms and Administrative Structure

The Ministry of Tribal Affairs, established in 1999, serves as the nodal agency for the overall policy, planning, and coordination of tribal welfare programmes. It collaborates with State Governments and other central ministries to implement initiatives in the areas of:

• Education (e.g., Eklavya Model Residential Schools),
• Livelihood and skill development,
• Health and nutrition,
• Land rights and forest resource management, and
• Infrastructure development in tribal regions.

At the State level, Tribal Welfare Departments and Tribal Research Institutes (TRIs) play key roles in the execution and evaluation of welfare schemes.

Related Constitutional Provisions

Several other constitutional provisions complement the objectives of Article 339:

• Article 46: Directive to the State to promote educational and economic advancement of SCs and STs.
• Article 244: Governs the administration of Scheduled Areas (Fifth Schedule) and Tribal Areas (Sixth Schedule).
• Article 275(1): Provides for grants-in-aid from the Union to States for promoting the welfare of Scheduled Tribes and for the administration of Scheduled Areas.
• Article 338A: Establishes the National Commission for Scheduled Tribes (NCST) to monitor the implementation of safeguards for tribal communities.

Together, these provisions create a cohesive framework for tribal protection and development under constitutional governance.

Challenges in Implementation

Despite the strong constitutional backing, several challenges persist in the effective enforcement of Article 339:

• Administrative inefficiency and weak coordination between Union and State agencies.
• Inadequate infrastructure and resources in remote tribal areas.
• Displacement and land alienation due to industrial projects, mining, and development activities.
• Cultural erosion and loss of autonomy among tribal communities.
• Insufficient participation of tribal representatives in planning and policy decisions.

Addressing these issues requires not only administrative reforms but also stronger community participation and empowerment mechanisms.

Recent Developments and Policy Focus

In recent years, the Union Government has taken steps to strengthen governance in Scheduled Areas by:

• Expanding the coverage of welfare schemes under the Development Action Plan for Scheduled Tribes (DAPST).
• Implementing the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA), which empowers Gram Sabhas to make decisions on local governance and resource management.
• Promoting forest-based livelihoods under the Forest Rights Act, 2006, recognising community rights over forest resources.
• Enhancing institutional coordination through periodic reviews by the Ministry of Tribal Affairs and the NCST.

These initiatives reflect the government’s continued commitment to improving the socio-economic and cultural well-being of tribal populations.

Significance of Article 339

Article 339 stands as a cornerstone of India’s constitutional architecture for tribal welfare. It ensures:

• Union accountability in safeguarding tribal interests.
• Effective oversight of State performance in administering Scheduled Areas.
• Institutional coordination for policy consistency and equitable development.