Constitutional Safeguards for Schedule Tribes

Constitutional Safeguards for Schedule Tribes

Subject – Governance

Context – MadhavSarkunde writes: Dr Ambedkar did everything possible to improve the plight of the Adivasis. It is a pity that Adivasis did not get a visionary leader like him in the post-Independence era.

Concept –

I. Educational & Cultural Safeguards

• 15(4):-Special provisions for advancement of other backward classes(which includes STs);
• 29:- Protection of Interests of Minorities (which includes STs);
• 46:– The State shall promote, with special care, the educational and economic interests of the weaker sections of the people, and in particular, of the Scheduled Castes, and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.
• 350:-Right to conserve distinct Language, Script or Culture;
• 350:- Instruction in Mother Tongue.

II.Social Safeguard

• 23:- Prohibition of traffic in human beings and beggar and other similar form of forced labour;
• 24:- Forbidding Child Labour.

III. Economic Safeguards

• 244:-Clause(1) Provisions of Fifth Schedule shall apply to the administration & control of the Scheduled Areas and Scheduled Tribes in any State other than the states of Assam, Meghalaya, Mizoram and Tripura which are covered under Sixth Schedule, under Clause (2) of this Article.
• 275:-Grants in-Aid to specified States (STs&SAs) covered under Fifth and Sixth Schedules of the Constitution.

IV. Political Safeguards

• 164(1):- Provides for Tribal Affairs Ministers in Bihar, MP and Orissa;
• 330:-Reservation of seats for STs in Lok Sabha;
• 337- Reservation of seats for STs in State Legislatures;
• 334:-10 years period for reservation (Amended several times to extend the period.);
• 243:-Reservation of seats in Panchayats.
• 371:-Special provisions in respect of NE States and Sikkim

V. Service Safeguards

• (Under Art.16(4),16(4A),164(B) Art.335, and Art. 320(40).