SCHEDULE TRIBE STATUS

Constitutional Provisions wrt Schedule Tribes (STs):

• Article 366(25): It defines Scheduled Tribes as those tribes that are deemed under article 342 to be STs for the purposes of this Constitution.
  
  
• Article 342(1): President may notify the STs in a state after consultation with the Governor of the state. 
  
  
• Article 342(2): It talks about the further inclusion or exclusion of any tribe from this list.
  
  

Criteria for a tribe to be included in the list of ST:

• For the process of inclusion/exclusion/modification in the list of Scheduled Tribes, the Ministry of Tribal Affairs follows the following criteria:
  
  

1. Indications of primitive traits;
   
   
2. Distinctive culture;
   
   
3. Geographical isolation;
   
   
4. Shyness of contact with the community at large; and
   
   
5. Backwardness
   
   

• According to the Ministry, these criteria are not spelt out in the Constitution but have become well established and accepted.
  
  

Constitution (Scheduled Tribes) Order, 1950:

• In accordance with the above-mentioned constitutional provision and the criteria evolved, the President issued the "Constitution (Scheduled Tribes) Order, 1950.
  
  
• It contains the list of Scheduled Tribes in relation to particular States or Union Territories.
  
  

Process for inclusion in/exclusion from and modifications in the ST list:

• Only those proposals, which have been recommended by the concerned State Government/ UT Administration and the Registrar General of India (RGI) as well as the National Commission for Scheduled Tribes (NCST) are to be considered for amending the legislation.
  
  
• After the matter is approved by the Cabinet, a Bill is introduced in Parliament. Any modifications in the list of STs can be made only through an amending Act of Parliament.
  
  
• What if RGI doesn’t support the proposal?
  • In case a proposal is opposed by RGI, it is referred back to the State Govt. for reviewing or further justifying their recommendation in the light of the observations of RGI.
    
    
  • In such cases, where the RGI does not agree to the point of view of the State Govt/UT on a second reference, the Government of India may consider for rejection.
    
    
  
  
  
• What if RGI supports, but NCST doesn’t? Those cases with which the State Governments and the RGI are in agreement, but which the Commission (NCST) have not supported, would be rejected at the level of Minster for Tribal Affairs, Government of India.