The term â??Scheduled Tribeâ?? has been defined under which Article of the Constitution of India? (A) Article 341 (B) Article 342 (C) Article 343 (D) Article 344

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Points to Remember:

  • The Indian Constitution defines Scheduled Tribes (STs) to provide them with affirmative action and protection against discrimination.
  • The definition and inclusion of communities as STs is a dynamic process, subject to amendment.
  • Articles 341 and 342 deal with the identification and specification of Scheduled Castes and Scheduled Tribes respectively.

Introduction:

The question pertains to the constitutional provision defining Scheduled Tribes in India. Understanding this requires knowledge of the Indian Constitution’s provisions for affirmative action and the legal framework for recognizing and protecting the rights of marginalized communities. The Constitution of India, through specific articles, empowers the President to specify communities as Scheduled Castes (SCs) and Scheduled Tribes (STs). This categorization aims to address historical injustices and socio-economic disparities faced by these communities.

Body:

Article 341 and 342:

The correct answer is (A) Article 341 for Scheduled Castes and (B) Article 342 for Scheduled Tribes. The question is slightly misleading as it implies only one article defines Scheduled Tribes. Both articles are crucial:

  • Article 341: This article empowers the President to specify the castes, races, or tribes or parts of or groups within castes, races, or tribes which shall for the purposes of this Constitution be deemed to be Scheduled Castes in relation to any State or Union territory.

  • Article 342: This article similarly empowers the President to specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purposes of this Constitution be deemed to be Scheduled Tribes in relation to any State or Union territory.

The President’s power is exercised on the advice of the State government concerned. This means that the inclusion or exclusion of a community as an ST is not a static process; it can be amended through constitutional processes based on socio-economic factors and recommendations from state governments.

Articles 343 and 344:

  • Article 343: This article deals with the official languages of the Union and the States. It is irrelevant to the definition of Scheduled Tribes.

  • Article 344: This article establishes the Official Language Commission to advise on language-related matters. It also has no bearing on the definition of Scheduled Tribes.

Conclusion:

In summary, while the question incorrectly suggests a single article defines Scheduled Tribes, the correct articles are 341 (for Scheduled Castes) and 342 (for Scheduled Tribes). Article 342 specifically empowers the President to identify and specify communities as Scheduled Tribes. The process is dynamic and subject to amendment based on evolving socio-economic realities and recommendations from state governments. Moving forward, it is crucial to ensure that the process of identifying and including communities as STs remains transparent, participatory, and based on objective criteria, upholding the constitutional values of equality and social justice, ultimately contributing to a more inclusive and equitable society. The continuous review and refinement of the process are essential to ensure the effectiveness of affirmative action policies designed to uplift these communities.

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