Article 342

Article 342 of the Constitution of India provides the legal and constitutional framework for the identification, recognition, and specification of Scheduled Tribes (STs) across different States and Union Territories. It ensures that only those communities officially designated as Scheduled Tribes through constitutional procedures are entitled to the special rights, privileges, and protections guaranteed to them under various provisions of the Constitution.
This Article serves as the foundation for India’s affirmative action policies directed at the upliftment, development, and social inclusion of tribal communities that have historically lived in isolation and faced social and economic disadvantages.

Constitutional Purpose and Objective

The inclusion of Article 342 reflects the Constitution’s commitment to social justice and equality. It was designed to address the distinct challenges faced by India’s tribal populations, many of whom have lived in geographically remote areas and maintained distinct socio-cultural practices.
The objective of Article 342 is to ensure that:

• The identification of Scheduled Tribes is done through a uniform and legally binding process;
• The list of Scheduled Tribes remains specific, stable, and immune from arbitrary modifications; and
• The recognised tribes receive constitutional protection under Articles 15(4), 16(4), 46, 275(1), and 338A.

Clause (1): Presidential Power to Notify Scheduled Tribes

Under Article 342(1), the President of India has the authority to specify the tribes or tribal communities, or parts of or groups within them, which shall be deemed to be Scheduled Tribes in relation to a particular State or Union Territory.
Key features of this clause include:

• The President issues a public notification listing the recognised Scheduled Tribes for each State and Union Territory.
• In the case of a State, the President must act after consultation with the Governor of that State.
• The Constitution (Scheduled Tribes) Order, 1950, was the first official order issued under this provision, specifying the tribes recognised as Scheduled Tribes in different regions of India.

This process recognises the regional diversity of tribal communities, as the socio-cultural and historical context of tribes varies significantly across the country.

Clause (2): Parliamentary Power to Amend the List

Under Article 342(2), the Parliament of India has the exclusive power to:

• Include any new tribe or tribal community (or part/group thereof) in the list of Scheduled Tribes; or
• Exclude any tribe or tribal community from the list.

This power is exercised only through a law passed by Parliament, ensuring that changes are deliberative and based on proper evaluation.
After the initial Presidential notification, the President cannot alter the list independently through subsequent notifications. This prevents frequent or politically motivated modifications and ensures legislative oversight and stability in the identification process.

Definition and Recognition of Scheduled Tribes

The term “Scheduled Tribes” is defined under Article 366(25) as “such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under Article 342 to be Scheduled Tribes for the purposes of this Constitution.”
This means that a community attains Scheduled Tribe status only when it is formally notified under Article 342.
The criteria for recognising a community as a Scheduled Tribe are not explicitly mentioned in the Constitution but have evolved through practice and expert recommendations. The commonly accepted indicators include:

• Primitive traits (in the early post-independence context);
• Distinct culture, language, and religion;
• Geographical isolation;
• Shyness of contact with the wider community; and
• Backwardness in social and economic terms.

Over time, the emphasis has shifted from “primitive characteristics” to a more inclusive understanding focused on socio-economic disadvantage and marginalisation.

Process for Inclusion or Exclusion

The procedure for inclusion or exclusion of a community in the Scheduled Tribes list involves multiple stages to ensure transparency and accuracy:

1. Recommendations from the concerned State Government or Union Territory administration.
2. Examination and evaluation by the Registrar General of India (RGI) and the Anthropological Survey of India (ASI).
3. Advice and review by the National Commission for Scheduled Tribes (NCST) established under Article 338A.
4. Final decision by the Central Government, followed by the introduction of a Bill in Parliament to amend the Constitution (Scheduled Tribes) Order, 1950.

This multi-tiered process ensures that recognition is evidence-based and grounded in socio-cultural and economic realities.

Important Supreme Court Judgments

Several landmark Supreme Court judgments have interpreted Article 342 and clarified its scope and implementation:

• State of Maharashtra v. Milind (2001): The Court held that neither the judiciary nor the executive has the authority to include or exclude any community from the list of Scheduled Tribes. Only Parliament can make such changes by law. It also ruled that synonyms or sub-tribes not explicitly mentioned in the Presidential Order cannot be treated as Scheduled Tribes.
• Indra Sawhney v. Union of India (1992): Although primarily dealing with backward classes, this judgment indirectly affirmed the constitutional rationale for affirmative action for Scheduled Tribes based on social and educational disadvantage.
• M. S. S. K. S. v. State of Andhra Pradesh (2006): The Court highlighted the importance of accuracy in identification and the consequences of misclassification, stating that wrongful inclusion undermines the purpose of Article 342 and deprives genuine tribes of their rights.
• K. S. Puttaswamy v. Union of India (2017): The Court, while addressing privacy rights, affirmed that constitutional protections extend to all communities, including tribal groups, whose personal data and cultural identity require special safeguards.
• Marri Chandra Shekhar Rao v. Dean, Seth G. S. Medical College (1990): The Court reiterated that a person recognised as a Scheduled Tribe in one State cannot automatically claim that status in another State unless their tribe is notified there as well.

Significance of Article 342

Article 342 serves as the constitutional gateway for Scheduled Tribes to access various forms of affirmative action and legal protection. Its significance lies in:

• Providing legal recognition and certainty to the status of tribal communities;
• Ensuring consistency and uniformity in the identification process;
• Facilitating the implementation of constitutional safeguards such as reservations in education, employment, and political representation;
• Protecting tribal identity, culture, and land rights through targeted welfare measures; and
• Serving as the legal foundation for numerous welfare schemes, grants, and special development initiatives for tribal communities.

Relationship with Other Constitutional Provisions

Article 342 operates in conjunction with several other constitutional provisions related to the welfare of Scheduled Tribes:

• Article 15(4) and 16(4): Authorise the State to make special provisions for the advancement of socially and educationally backward classes, including Scheduled Tribes.
• Article 46: Directs the State to promote the educational and economic interests of STs and protect them from social injustice and exploitation.
• Article 338A: Establishes the National Commission for Scheduled Tribes (NCST) to monitor the implementation of safeguards.
• Article 275(1): Provides for grants-in-aid to States for promoting tribal welfare and administration of Scheduled Areas.
• Article 244: Governs the administration of Scheduled Areas (Fifth Schedule) and Tribal Areas (Sixth Schedule), ensuring self-governance and cultural preservation.

Together, these provisions form a cohesive framework for tribal protection and empowerment.

Challenges and Contemporary Issues

Despite constitutional and legislative safeguards, several challenges persist in the practical implementation of Article 342:

• Misclassification and fraudulent claims of ST status for benefits.
• Disputes over inclusion or exclusion of particular tribes or sub-groups.
• Inadequate representation and slow socio-economic progress in certain regions.
• Displacement due to industrialisation, mining, and development projects in tribal areas.
• Cultural assimilation and loss of identity among smaller tribal groups.

There is an ongoing demand for regular review and revision of the ST list to reflect current realities and to ensure that benefits reach the genuinely disadvantaged.

Administrative Practice and Implementation

The Ministry of Tribal Affairs, in coordination with State Governments, the NCST, and other agencies, oversees the implementation of welfare schemes and the protection of tribal rights.Verification of ST status is carried out by State authorities following strict guidelines issued by the Central Government and reinforced by Supreme Court judgments such as Madhuri Patil v. Additional Commissioner (1994).