UPSC Mains 2016 GS Paper 1 Q10: model answer

Communities are called Scheduled Tribes because they are specified (scheduled) by the Pres- ident under Article 342, by public notification for each state or union territory. Parliament can modify the list by law. Criteria used include primitive traits, distinct culture, geographical isolation, shyness of contact and backwardness (the Lokur Committee, 1965).

Protective provisions

• Article 15(4) and 16(4): special provisions and reservation in jobs; Article 46: protection from injustice and exploitation.
• Article 19(5): restrictions on free movement in tribal areas to protect them.

Developmental provisions

• Article 275(1): grants for tribal welfare; Article 335 on claims to services.

Political and administrative provisions

• Article 330 and 332: reserved seats in the Lok Sabha and state assemblies; Article 243D and 243T in panchayats and municipalities.
• Fifth Schedule (Scheduled Areas, Tribes Advisory Councils) and Sixth Schedule (autonomous district councils in Assam, Meghalaya, Tripura and Mizoram).
• Article 338A: the National Commission for Scheduled Tribes (89th Amendment, 2003).

Recent laws

• The Scheduled Tribes and Other Traditional Forest Dwellers Act (2006) and PESA (1996) give rights over forests and village governance.
• The Supreme Court's Samatha judgment (1997) barred transfer of tribal land in Scheduled Areas to private firms.

Looking ahead

The Constitution combines protection, development and self-governance for STs; laws like PESA (1996) and the FRA (2006) carry these provisions forward.