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UPSC » Daily News Analysis ‘Process for Inclusion in the Scheduled Tribes (ST) List’ : 3 January

Daily News Analysis ‘Process for Inclusion in the Scheduled Tribes (ST) List’ : 3 January

Table of Content

Why in News? 

  • The Government has recently updated the Scheduled Tribes list for several states to include left-out communities, ensuring they receive constitutional benefits like reservations and forest rights.

Constitutional & Administrative Process for ST Listing

  • Origin of Proposal: The process must strictly originate from the State or Union Territory government. They conduct ethnographic studies to justify the community’s “tribalness” before sending a formal recommendation to the Union Ministry of Tribal Affairs.
  • The Five Criteria (Lokur Committee, 1965): While not explicitly defined in the Constitution, the government follows these five established benchmarks:
    • Primitive Traits: Indications of an archaic or traditional lifestyle.
    • Distinctive Culture: Unique customs, language, and social norms.
    • Geographical Isolation: Living in remote or inaccessible areas.
    • Shyness of Contact: Reluctance to interact with the larger community.
    • Backwardness: Relative social and economic disadvantage.
  • Multi-Layered Approval: 
    • Step 1: The Ministry of Tribal Affairs reviews the proposal and forwards it to the Registrar General of India (RGI) for verification.
    • Step 2: If the RGI approves, the proposal goes to the National Commission for Scheduled Tribes (NCST) a constitutional body under Article 338A for its final concurrence.
  • Role of the Cabinet & Parliament: Once the RGI and NCST agree, the Union Cabinet approves a Bill to amend the Constitution (Scheduled Tribes) Order, 1950. This Bill must then be passed by both Houses of Parliament.
  • Presidential Notification: Under Article 342, the final inclusion only takes effect after the President of India gives assent to the Act. Only Parliament has the power to later modify this list; the President cannot change it independently after the first notification.