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UPSC Dictionary

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Article 21 (Right to Life) has been interpreted by the Supreme Court to include right to education, health, clean environment, and livelihood.

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UPSC Dictionary

Scheduled Tribes (ST)

The Scheduled Tribes (ST) is a constitutional concept and classification in India, referring to indigenous communities recognized for their unique socio-cultural identity and historical disadvantage. The term is defined in Article 366(25) of the Constitution as those tribes or tribal communities deemed to be Scheduled Tribes under Article 342.

The concept originated from the need to provide special safeguards and affirmative action for these historically marginalized groups, who were previously referred to as "backward tribes" or "depressed classes" during the British Raj. The Constitution, enacted on January 26, 1950, formally established the ST classification to ensure their social, educational, and economic development. The problem it solved was the extreme backwardness, geographical isolation, and shyness of contact that characterized these communities.

The mechanism works primarily through Article 342(1), which empowers the President of India to specify the tribes or tribal communities to be deemed Scheduled Tribes in a State or Union Territory, after consultation with the Governor. Once notified, the list can only be modified (included or excluded) by a law made by the Parliament, as per Article 342(2). This process ensures that State Governments or courts cannot unilaterally alter the list, a principle upheld by the Supreme Court in cases like State of Maharashtra v. Milind (2000).

The ST concept connects to several key provisions and institutions, including the Fifth Schedule and Sixth Schedule of the Constitution, which provide for the administration and control of Scheduled Areas and Tribal Areas, respectively. It also connects to the National Commission for Scheduled Tribes (NCST), a constitutional body established in 2004 by the 89th Constitutional Amendment Act, 2003, which inserted Article 338A to oversee the implementation of safeguards for STs. The list of Scheduled Tribes is constantly being updated; for instance, in February 2024, Parliament passed amendments to include new communities in the ST lists of Jammu & Kashmir and Odisha.

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