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Clashes in Assam Over ST Status Demand
Context: A 12-hour shutdown was observed in Assam’s Dhubri district following police action against a rally which was demanding Scheduled Tribe (ST) status for the Koch-Rajbongshi community.
What are the constitutional provisions for defining and specifying Scheduled Tribes in India?
- Article 342: This is the primary article for specifying Scheduled Tribes.
- 342 (1) empowers the President of India, after consultation with the Governor of a state, to specify by public notification the tribes or tribal communities.
- 342 (2) states that Parliament can by law include in or exclude from the list of Scheduled Tribes any tribe or tribal community.
- Article 366(25): This article provides a simple definition, stating that “Scheduled Tribes” means such tribes or tribal communities as are deemed under Article 342 to be Scheduled Tribes for the purposes of this Constitution.
- General Criteria: While not defined in the Constitution, the government uses primitive traits, distinctive culture, geographical isolation, shyness of contact with the community at large, and backwardness as broad guiding criteria for identifying a community as a Scheduled Tribe.
What is the procedure followed for inclusion of a community in the ST list?
The procedure can be broken down into the following steps:
- Step 1 : The process begins with a proposal from a State Government or a Union Territory (UT) Administration.
- Step 2: The State Government forwards its recommendation to the Ministry of Tribal Affairs (MoTA), Government of India. The proposal must be comprehensive, containing:
- A detailed socio-economic and ethnographic report justifying the community’s claim.
- Evidence of the community’s backwardness, distinct culture, and other criteria.
- The present social status of the community.
- Comments of the State’s Welfare/Tribal Department.
- Step 3: Upon receipt, the MoTA forwards the proposal to the Registrar General of India (RGI) (under the Home Ministry) for its consideration. The RGI is the nodal authority for approving any changes to the ST list. It examines the proposal against the established criteria.
- Step 4: Once the RGI approves the proposal, it is sent to the National Commission for Scheduled Tribes (NCST), Article 338A. It plays a critical advisory role, examines the proposal in detail, may conduct its own hearings or seek more data, and then provides its recommendation to the MoTA.
- Step 5: The MoTA, after receiving the green light from the RGI and the NCST, consults other relevant central ministries. A final proposal is then prepared for the Union Cabinet.
- Step 6 : After the Union Cabinet approves the proposal, the Ministry of Law and Justice drafts a legislation to amend the Constitution (Scheduled Tribes) Order, 1950. The President of India then issues a notification under Article 342(1), officially including the community in the ST list for that specific state. This is gazetted.
