Ninety-fourth Amendment of the Constitution of India
The Ninety-fourth Amendment of the Constitution of India, officially titled The Constitution (Ninety-fourth Amendment) Act, 2006, was enacted to update constitutional provisions related to ministerial responsibilities for tribal welfare in the newly created States of Chhattisgarh and Jharkhand. The amendment substituted the word “Bihar” in Article 164(1) of the Constitution with the words “Chhattisgarh and Jharkhand”, thereby ensuring that both these States, carved out in the year 2000, have a constitutionally mandated Minister in charge of tribal welfare.
The amendment was passed by both Houses of Parliament on 22 May 2006, received Presidential assent on 12 June 2006, and came into effect on the same date.
Background and Context
The Indian Constitution provides special provisions for the welfare and advancement of Scheduled Tribes (STs), who constitute a significant portion of India’s population and inhabit large parts of the country’s Scheduled Areas, particularly in central and northeastern India. Recognising the socio-economic disadvantages and geographical isolation of these communities, the framers of the Constitution included specific safeguards for their representation and development.
Under Article 164(1), certain States were required to appoint a Minister specifically responsible for tribal welfare, acknowledging the high concentration of tribal populations and the need for focused governance. Before the Ninety-fourth Amendment, Article 164(1) read as follows:
“There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, and in the States of Bihar, Madhya Pradesh and Odisha, there shall be a Minister in charge of tribal welfare.”
With the creation of the States of Chhattisgarh (from Madhya Pradesh) and Jharkhand (from Bihar) under the Madhya Pradesh Reorganisation Act, 2000 and the Bihar Reorganisation Act, 2000, it became necessary to revise this constitutional clause to reflect the changed political geography. Both new States inherited significant tribal populations and large Scheduled Areas. However, they were not yet explicitly included in Article 164(1), which continued to mention only Bihar, Madhya Pradesh, and Odisha.
The Ninety-fourth Amendment thus sought to correct this anomaly by recognising the need for dedicated ministerial representation for tribal welfare in Chhattisgarh and Jharkhand.
Legislative History and Enactment
The Constitution (Ninety-fourth Amendment) Bill, 2006, was introduced in the Lok Sabha on 1 March 2006 as the Constitution (One Hundred-fifth Amendment) Bill, 2006 (Bill No. 31 of 2006) by Shivraj V. Patil, then Minister of Home Affairs.
The Statement of Objects and Reasons accompanying the Bill stated:
“As a consequence of the reorganisation of the States of Bihar and Madhya Pradesh, the whole of the Scheduled Areas of Bihar now lie in the State of Jharkhand, and those of Madhya Pradesh in the State of Chhattisgarh. It is, therefore, necessary to amend Article 164(1) to provide for the appointment of a Minister in charge of tribal welfare in the States of Chhattisgarh and Jharkhand, in place of the State of Bihar.”
The Bill was debated and passed by the Lok Sabha on 22 May 2006, and on the same day by the Rajya Sabha. It received the assent of the President, Dr. A. P. J. Abdul Kalam, on 12 June 2006, and was notified in The Gazette of India on 13 June 2006, bringing it into immediate effect.
Text of the Amendment
The Ninety-fourth Amendment Act, 2006 made the following change to Article 164(1) of the Constitution:
- In Article 164(1), for the words “Bihar, Madhya Pradesh and Odisha,” the words “Chhattisgarh, Jharkhand and Odisha” were substituted.
After the amendment, the relevant portion of Article 164(1) reads:
“In the States of Chhattisgarh, Jharkhand and Odisha, there shall be a Minister in charge of tribal welfare.”
This ensured that all three States with substantial tribal populations have a constitutionally mandated ministerial portfolio dedicated to tribal welfare and development.
Significance of the Amendment
The Ninety-fourth Amendment is comparatively brief but carries important constitutional and administrative implications:
- Recognition of Newly Formed States: The amendment officially incorporated Chhattisgarh and Jharkhand into the constitutional framework relating to tribal welfare, acknowledging their creation in 2000 and correcting the outdated reference to Bihar.
- Strengthening Tribal Representation: Both Chhattisgarh and Jharkhand have significant tribal populations — approximately 30% and 26% of their total populations, respectively. The constitutional requirement of a Minister in charge of tribal welfare ensures dedicated policymaking for tribal upliftment in these regions.
- Continuity of Constitutional Safeguards: The amendment ensured that the legacy of protection and special attention to tribal welfare, as envisaged by the framers of the Constitution, continued seamlessly even after the reorganisation of States.
- Administrative Accountability: By mandating a dedicated ministerial role, the amendment reinforced administrative accountability in addressing tribal issues such as land rights, education, healthcare, and socio-economic development.
Context of Tribal Welfare in the Affected States
Chhattisgarh: Carved out of Madhya Pradesh on 1 November 2000, Chhattisgarh encompasses much of the Scheduled Areas of central India, including districts with dense tribal populations such as Bastar, Dantewada, Kanker, and Surguja. The State’s economy and culture are closely tied to its tribal communities, making the presence of a tribal welfare ministry essential for equitable governance.
Jharkhand: Formed on 15 November 2000 from the southern districts of Bihar, Jharkhand is home to several major tribal groups, including the Santhal, Munda, Oraon, and Ho communities. The State’s creation was itself the result of a long-standing tribal movement for autonomy and development. The amendment acknowledged this by constitutionally ensuring representation through a minister dedicated to tribal welfare.
Odisha: Odisha continues to be covered under this provision as it remains one of the States with a large tribal population, particularly in the districts of Mayurbhanj, Kandhamal, Koraput, and Sundargarh.
Broader Constitutional Framework
The Ninety-fourth Amendment complements several constitutional provisions that safeguard the interests of Scheduled Tribes:
- Fifth Schedule: Governs the administration and control of Scheduled Areas and Scheduled Tribes in states other than those in the Sixth Schedule.
- Article 338A: Establishes the National Commission for Scheduled Tribes (NCST) to oversee and report on the implementation of safeguards for STs.
- Articles 275(1) and 244(1): Provide for grants-in-aid and administrative arrangements to support tribal welfare programmes.
Significance in the Evolution of Indian Federalism
The amendment underscores the dynamic nature of the Indian Constitution, which evolves to reflect territorial, demographic, and political changes within the federal structure. By ensuring that the constitutional provisions for tribal welfare remained relevant after the creation of new States, the Ninety-fourth Amendment maintained the coherence of India’s welfare-oriented governance model.