Question

State constitutional safeguards for the tribal community.

Answer 1

pecial provisions for advancement of other backward classes(which cludes STs);

Art. 29:- Protection of Interests of Minorities (which cludes STs);

Art. 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,â€

Art. 350:- Right to conserve distinct Language, Script or Culture;

Art. 350:- Instruction in Mother Tongue.

II.Social Safeguard

Art. 23:- Prohibition of traffic in human beings and beggar and other similar form of forced labour;

Art. 24:- Forbidding Child Labour.

III. Economic Safeguards

Art.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.

Art. 275:- Grants in-Aid to specified States (STs&SAs) covered under Fifth and Sixth Schedules of the Constitution.

IV. Political Safeguards

Art.164(1):- Provides for Tribal Affairs Ministers in Bihar, MP and Orissa;

Art. 330:- Reservation of seats for STs in Lok Sabha;

Art. 337- Reservation of seats for STs in State Legislatures;

Art. 334:- 10 years period for reservation (Amended several times to extend the period.);

Art. 243:- Reservation of seats in Panchayats.

Art. 371:- Special provisions in respect of NE States and Sikkim

Answer 2

The Constitutional Safeguards for the tribal community can be widely classified under five categories:

1. Educational & Cultural Safeguards

# Article 15(4) indicates special provisions for advancement of other backward classes which also includes the tribal communities..

# Article 29 highlights the need for protection of their interests.

# Article 46 states that “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.”

# Article 350 provides them with the right to conservation of their language, scripture and culture and also the possibility to use their mother tongue as the medium of instruction.

2. Social Safeguard

# Article 23 protects them from human trafficking and forced labour.

# Article 24 protects their children being used for labour.

3. Economic Safeguards

# Clause (1) of Article 244 indicates that the administration and control of tribal communities are subjected to the Provisions of Fifth Schedule in all states except Assam, Meghalaya, Mizoram and Tripura. These states are subjected to Provisions of Sixth Schedule which is given in the Clause (2) of this article.

# Article 275 provides in-Aid to the tribal communities of the states mentioned under Fifth and Sixth Schedules of the Constitution.

4. Political Safeguards

# Clause (1) of Article 164 allows for their representation by Tribal Affairs Ministers in Bihar, MP and Orissa.

# Article 330 indicates seat reservation in Lok Sabha.

# Article 337 mentions seat reservation in State Legislatures.

# Article 334 sets the upper time limit as ten years for their reservations.

# Article 243 informs about reservation in Panchayats.

# Article 371 provides special provisions for those in North Eastern States and Sikkim.

5. Service Safeguards

# Clause (4) and (4A) of Article 16, Clause (B) of Article 164, Article 335 and Clause (40) of Article 320 indicate several provisions for tribal communities in several services.