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What is Article 339 of Indian constitution |
Article 339 of the Indian Constitution deals with Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes (STs).
🧾 Article 339 – Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes
This Article is divided into two main clauses.
📌 Clause (1): Presidential Power to Appoint Commission
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The President may at any time, and shall at the expiration of 10 years from the commencement of the Constitution, appoint a Commission to report on the administration of Scheduled Areas and the welfare of Scheduled Tribes.
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The President determines the:
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composition of the Commission,
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terms of appointment, and
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duties assigned to the Commission.
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The President also decides how the report is to be submitted and published.
✅ Example: The first such Commission was the Dhebar Commission (1960), which studied the socio-economic condition of Scheduled Tribes.
📌 Clause (2): Union Government's Directive Power
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The Union Government may issue directions to any State for the drawing up and execution of schemes for:
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the welfare of Scheduled Tribes in the State, and
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the improvement of administration in the Scheduled Areas.
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✅ This gives central oversight to ensure uniform welfare and development of tribal areas across the country.
✅ Key Points Summary:
Aspect | Details |
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Main Focus | Welfare of Scheduled Tribes and administration of Scheduled Areas |
Clause (1) | President can appoint a Commission to study and report on tribal welfare |
Clause (2) | Union can direct States to implement schemes for ST welfare |
Importance | Ensures a centralized review and oversight of Scheduled Areas and tribal development |
First Commission | Dhebar Commission (1960), studied tribal administration and recommended policy reforms |
Here is a timeline of major events and constitutional developments related to tribal welfare and Scheduled Areas in India, especially under Articles 338, 338A, and 339:
📅 Timeline: Tribal Welfare and Scheduled Areas in India
Year | Event / Development |
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1949 | Constitution of India adopted. Article 338 (single Commission for SCs and STs) and Article 339 (control over Scheduled Areas) are included. |
1950 | Constitution comes into effect on 26 January 1950. |
1953 | First Backward Classes Commission under Kaka Kalelkar appointed (though broader, it indirectly affected tribal welfare policy). |
1960–1961 | First Commission under Article 339(1): Dhebar Commission appointed to review the welfare of Scheduled Tribes and administration of Scheduled Areas. |
1978 | Second Backward Classes Commission under B.P. Mandal appointed (focus expanded on backward communities including many tribal groups). |
1992 | National Commission for Scheduled Castes and Scheduled Tribes (under Article 338) becomes statutory and stronger via the 65th Constitutional Amendment Act. |
2003 | 89th Constitutional Amendment Act: - Article 338A inserted for a separate National Commission for Scheduled Tribes (NCST). - Article 338 retained only for Scheduled Castes. |
2004 | Separate National Commission for Scheduled Tribes (NCST) starts functioning. |
2010 | National Tribal Policy (Draft) proposed by the Ministry of Tribal Affairs to guide long-term tribal development. |
2019 | NCST reports increased focus on issues like tribal land rights, education, PESA Act, and forest rights. |
2022–2023 | Continued implementation of Vanbandhu Kalyan Yojana, Eklavya Model Residential Schools, and Digital India for Tribals under Ministry of Tribal Affairs. |
✅ Summary:
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Article 339 allows the President to appoint commissions to study tribal issues and lets the Union direct States.
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Major actions like the Dhebar Commission and the separation of SC and ST Commissions in 2003 have shaped India's tribal welfare framework.
Here’s a detailed list of important Government of India schemes for the welfare of Scheduled Tribes (STs), especially under the guidance of Article 338A and Article 339 of the Constitution:
🌿 Major Schemes for Scheduled Tribes in India
🟩 1. Vanbandhu Kalyan Yojana (VKY)
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Launched by: Ministry of Tribal Affairs
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Objective: Holistic development of tribal areas and bridging the development gap.
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Focus Areas:
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Quality education
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Health & sanitation
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Livelihood, skill development
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Access to basic infrastructure
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🟩 2. Eklavya Model Residential Schools (EMRS)
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Objective: To provide quality education to tribal children in remote areas.
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Target: One EMRS in every block with more than 50% ST population and at least 20,000 tribal people.
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Features:
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CBSE-affiliated
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Residential and free education from Class VI to XII
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Focus on sports and culture
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🟩 3. Pre-Matric and Post-Matric Scholarship Schemes
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Target Group: ST students from Class IX to Ph.D.
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Purpose: To reduce dropout rates and promote higher education.
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Covers:
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Tuition fees
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Books
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Boarding and lodging
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Special allowances for disabled students
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🟩 4. National Fellowship and Scholarship for Higher Education of ST Students
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Two Components:
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Fellowship for pursuing M.Phil./Ph.D.
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Scholarship for professional courses like Engineering, Medicine, Law, etc.
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Funded by: Ministry of Tribal Affairs
🟩 5. Tribal Sub-Plan (TSP) / Scheduled Tribe Component (STC)
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Purpose: Allocate a fixed portion of the Central budget for tribal welfare.
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Implemented through: Various Ministries and States.
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Covers:
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Infrastructure
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Skill development
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Self-employment
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🟩 6. Support to Tribal Research Institutes (TRIs)
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Goal: Strengthen research, documentation, and preservation of tribal culture and traditions.
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Functions:
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Study of tribal issues
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Policy support
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Training and capacity building
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🟩 7. Pradhan Mantri Adi Adarsh Gram Yojana (PMAAGY)
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Earlier Known As: Special Central Assistance to Tribal Sub-Scheme
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Objective: Transform tribal villages into model villages.
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Focus:
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Infrastructure (roads, water, sanitation)
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Social and financial inclusion
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Sustainable livelihood
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🟩 8. Minimum Support Price (MSP) for Minor Forest Produce (MFP)
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Launched Under: Van Dhan Yojana
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Goal: Ensure fair income to tribal gatherers of forest produce.
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Operated by: TRIFED (Tribal Cooperative Marketing Development Federation of India)
🟩 9. Pradhan Mantri Janjatiya Vikas Mission (PM-JVM) (recent initiative)
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Part of: Budget 2023-24 announcements.
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Key Areas:
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Education (EMRS expansion)
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Livelihoods
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Infrastructure in tribal areas
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🟩 10. Adivasi Grants-in-Aid Programme
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Support: NGOs working in tribal areas
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Activities:
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Education
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Health awareness
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Skill training and women empowerment
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🧭 Related Legal and Policy Supports
Act/Policy | Purpose |
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PESA Act (1996) | Local self-governance in Scheduled Areas |
Forest Rights Act (2006) | Recognizes forest rights of tribals |
SC/ST (Prevention of Atrocities) Act, 1989 | Legal protection from discrimination and violence |
National Tribal Policy (Proposed) | Comprehensive policy for long-term tribal welfare |
✅ Summary
These schemes aim to address key areas such as:
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Education
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Health
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Livelihood
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Cultural preservation
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Empowerment and Rights
All these efforts are monitored by the National Commission for Scheduled Tribes under Article 338A and Union powers under Article 339.
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