Constitutional Arrangements Regarding Scheduled Tribes

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 Constitutional Arrangements Regarding Scheduled Tribes


 The Fifth Schedule provides for the appointment of a Tribal Advisory Council consisting of a maximum of twenty members, of which three-fourths shall be from the Scheduled Tribes of the State Legislative Assemblies.

 In articles 324 and 244, governors have been given privileges in respect of tribes.

 There are also some articles in the constitution that Madhya Pradesh.  Related to providing special facilities for tribes-areas of Chhattisgarh, Assam, Bihar, Jharkhand, Odisha, etc.  The jobs for these people have application forms and age limit.  They are also exempted from duty in educational institutions and some places have been kept safe for them.  S

  – 93rd Constitutional Amendment (2005) to provide reservation benefits to the backward classes from the untrained caste, tribe and social and educational outlook in private educational institutions (except minority educational institutions)  The purpose of various provisions laid down in the Constitution is to bring the tribes at par with other citizens of the country.  They have to be integrated and integrated with the main life stream of the country so that they can become partners in the economic and political business of the country.  Pandit Nehru was also very interested in the development of tribes.  They did not want anything to be imposed on them.  He said that we should promote the development of their art and culture, respect their land rights, develop their ability to govern themselves and human character.

  The educational and economic interests of scheduled tribes should be protected and they should be protected from all forms of exploitation and social injustice.  (Article 46)

 – No obstruction should be placed on their admission in government-run or government-funded learners.  (Article 29, 2)

 Obstructions on the use of shops, public eateries, hotels and places of public recreation should be removed, for which the government bears all or some of the expenditure, or which are dedicated to the public.  (Article 15, 2)

 – The doors of public places of Hindus should be legally opened to all Hindus.  (Article 25b)




 – For the representatives of Scheduled Tribes in Lok Sabha and State Legislative Assemblies, certain seats should be reserved till 25 January 2015 on the basis of population.  (Articles 324, 330 and 342).


 – If the tribal people are not adequately represented in public services or government jobs, then the government should be empowered to secure a place for them and consider the claims of Scheduled Castes and Scheduled Tribes at the time of appointments in government jobs.  (Articles 16 and 335).


  For the purpose of welfare and interests of tribes, Tribal Advisory Council and separate departments should be established in the states and a special officer should be appointed at the center.  (Articles 164, 338 and Fifth Schedule) (8) Special arrangements should be made for the administration and control of scheduled tribe areas.  (Articles 224 and Fifth and Sixth Schedules).


 According to Article 244 (2), there is a legislation to establish District and Regional Council for the tribes of Assam.

 – Part 6, Article 164 of the Constitution provides for the establishment of tribal ministries in Bihar, Madhya Pradesh and Orissa in addition to Assam.


  Article 46 of Part 4 of the constitution is considered the duty of the state to pay special attention to the advancement of education of tribes and protection of economic interests.


 – Legal system to impose reasonable restrictions by the State on the common rights of the people of the Scheduled Tribes to come and go freely in India – to go, live and settle and to buy, keep and sell property.  (Article 19, 5).


 According to article 275 of the twelfth part of the constitution, the central government will give special funds to the states for tribal welfare and their proper administration.


  325 Article of the fifteenth part of the constitution states that no one will be denied franchise on the basis of religion, race, caste and sex.

 – In the 330th and 332nd ARTICLES of the sixteenth part, seats have been reserved for Scheduled Castes and Tribes in the Lok Sabha and State Legislative Assemblies.


 – 335th Article assures that the government will secure a place for these in jobs.


 – In the 338th Article, the President has arranged for the appointment of special officers for Scheduled Castes and Tribes.  This officer will submit his report every year.




  Administrative Arrangement

Some areas of Andhra Pradesh, Bihar, Gujarat, Himachal Pradesh, Madhya Pradesh, Maharashtra, Odisha and Rajasthan have been ‘Scheduled’ under Article 224 and Fifth Schedule of the Constitution.  The Governors of these states report the Scheduled Areas every year to the President.  Assam, Meghalaya and Mizoram are administered on the basis of the provisions of the Sixth Schedule of the Constitution.  According to this schedule, they are divided into Autonomous districts.  There are eight such districts – North Cachar Pahari District of Assam and Mikir Pahari District, Combined Khasi of Meghalaya – Jayantia, Jowai and Garo Pahari District and Chakma, Lacher and Pavi District of Mizoram.  Each autonomous district has a ZillaParishad consisting of not more than 30 members.  Four of them can be nominated and the remaining are selected on the basis of adult suffrage.  This council has been granted some administrative, statutory and judicial powers.


Welfare and Advisory Agencies

It is the responsibility of the Union Ministry of Home Affairs to formulate and implement schemes for the welfare of Scheduled Castes and Tribes.  In August 1978, a commission was established for Scheduled Castes and Tribes under Article 348 of the Constitution.  The commission, made up of one chairman and four members of it, examines the provisions made in the constitution under the Civil Rights Act of 1955, 1955) and suggests appropriate measures for these.  Parliamentary Committees The Government of India also appointed three parliamentary committees in 1968, 1971 and 1973 to examine run protection and their welfare in the constitution of Scheduled Castes and Tribes.  At present, a standing committee of Parliament has been formed, whose members have a term of one year.  This committee consists of 30 members, out of which 2 are drawn from Lok Sabha and 10 from Rajya Sabha.  Welfare Department in the states Separate departments have been set up for the care and welfare of Scheduled Castes and Tribes in the State Governments and Union Territories.  Each state has its own specific mode of administration.  In Bihar, Madhya Pradesh and Odisha separate ministers are appointed under Article 164 of the Constitution for the welfare of the Scheduled Tribes.  In some states, legislative committees have been formed like the Parliamentary Committees like the Center.


  Representation in Legislatures:

Articles 330 and 332 of the Constitution have reserved seats for the Scheduled Castes and Tribes in the Lok Sabha and state legislatures in proportion to their population.  Initially this arrangement was for 10 years, which has been extended to 25 January 2020 under the 95th Constitutional Amendment (2009).  This type of reservation has been done by the Parliamentary Act in the Union Territories where there are legislatures.  At present, 47 seats have been reserved for Scheduled Tribes in Lok Sabha and 557 in Legislative Assemblies.  Places have also been saved in the Gram Panchayats and other local bodies for the implementation of the Panchayati Raj system.


 Reservations in Government Services.

7 of Scheduled Tribes in appointments made by open competition on all-India basis or in other types of appointments.  5 locations have been secured.  For the posts of Group ‘C’ and ‘D’ in which appointments are made on local and provincial basis, each province and union territory reserves a proportion of the population of scheduled castes.  For Scheduled Tribes also in appointments made on the basis of departmental examinations in Group ‘B’, ‘C’ and ‘D’ and promotion in Group ‘B’, ‘C’, ‘D’, and ‘A’  7% places have been secured, if no more than 66 -% direct recruitment is made in them.  Group ‘A’ comprising 2, 250 Rs.  Or, positions have also been secured in promotions to lower paid posts.  Several types of relaxation have been given to give representation to the people of the tribes in jobs like relaxation in age limit, relaxation in suitability criteria, relaxation in selection related inappropriateness, relaxation in qualification related to experience and research of Group ‘A’, Scientist  And relaxation in technical levels.  State governments have also made several provisions in relation to recruitment and promotion of Scheduled Castes in the state services.  Appointments of some officers have been made to contact various ministries of the Central Government, which will see if orders have been followed to secure space for them.  On 25 February 2007, the Central Government decided to provide reservation to SC and ST candidates for admission to the graduate level medical and dental programs through the All India Entrance Examination from the year 2008.






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