The National Commission for Scheduled Tribes (NCST) has recently approved the inclusion of the ‘Pahari ethnic group’, along with others, into the Scheduled Tribes (ST) list in the Union Territory of Jammu and Kashmir. This move will allow these newly included communities to access a host of benefits aimed at uplifting the socioeconomic status of tribal communities.
Process for Inclusion in ST List
The process of incorporating tribes into the ST list kicks off with a proposal from the respective state governments. These are then forwarded to the Tribal Affairs Ministry for review, before moving on to the Registrar General of India for approval. Following this, the NCST weighs in before the finalized list reaches the Cabinet for a final decision. The President’s office makes the ultimate decision by issuing a notification specifying changes under its power vested by Articles 342. Only after the President accedes to a Bill that modifies the Constitution (Scheduled Tribes) Order, 1950, which must be passed by both the Lok Sabha and Rajya Sabha, does the inclusion of any community in the Scheduled Tribes become official.
Benefits of Inclusion in ST List
Once a community is officially listed in the revised ST list, its members can access numerous benefits under existing government schemes. Key benefits include post-matric scholarships, overseas scholarships, national fellowships, and educational assistance. They also receive concessional loans from the National Scheduled Tribes Finance and Development Corporation and can avail of student hostels. Moreover, the listed tribes gain access to reservation benefits in services and educational institution admissions in line with government policy.
Constitutional and Legal Provisions Related to Tribes in India
India’s constitutional provisions and legal initiatives related to tribes reflect a constant effort to improve their social, economic, and political conditions. The Constitution did not initially define criteria for recognizing Scheduled Tribes, yet Article 366(25) suggested a process to define them. Subsequent laws were enacted to protect tribal communities’ rights and any discrimination against them.
The Fifth and Sixth Schedules of the Constitution detail provisions for administration and control of Scheduled Areas and Scheduled Tribes. Beyond constitutional protections, several legal provisions, such as the Protection of Civil Rights Act, 1955, and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, among others, provide further safeguards.
Initiatives Supporting Tribal Communities
Apart from these legislative measures, various initiatives aim to uplift India’s tribal population socially, economically, and politically. These include TRIFED, Digital Transformation of Tribal Schools, Development of PVTGs, and Pradhan Mantri Van Dhan Yojana. Various committees have also been constituted over the years to address issues related to tribal communities and propose solutions.
Previous Year’s UPSC Questions on Tribal Issues
To contextualize the importance of these matters in competitive examinations like the UPSC Civil Services Examination, we present two questions from previous years related to tribal issues.
In 2022, candidates were asked, “If an area is brought under the Fifth Schedule of the Constitution, what consequences would it imply?” In 2019, another question was, “Under which Schedule of the Constitution can the transfer of tribal land to private parties for mining be declared null and void?” In 2017, the question focused on major legal initiatives addressing discrimination against STs.