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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