Total Count

Subscribe Us

What is Article 342 of Indian constitution

 

What is Article 342 of Indian constitution


Article 342 of the Indian Constitution deals with the identification of Scheduled Tribes (STs) in India.


🧾 Article 342 – Scheduled Tribes


📌 Clause-wise Explanation:

Clause Description
(1) The President may, in consultation with the Governor of a State, specify the tribes or tribal communities (or parts/groups within them) as Scheduled Tribes for that State or Union Territory through a public notification.
(2) Once notified, only Parliament can include or exclude any community from the list of Scheduled Tribes by law. The President cannot change the list later on his own without Parliament’s approval.

Key Points:

  • ST status is State/UT-specific, meaning a tribe recognized in one state may not be considered ST in another.

  • The initial notification is done by the President, but any modification (addition/removal) must be made by the Parliament through legislation.

  • Scheduled Tribes are entitled to:

    • Reservations in education, jobs, and legislatures.

    • Welfare schemes and constitutional protections.

    • Safeguards under laws like the Forest Rights Act (2006) and PESA Act (1996).


🏛️ Related Developments:

  • Numerous amendment acts have been passed by Parliament to update ST lists in different states.

  • The Ministry of Tribal Affairs and the National Commission for Scheduled Tribes (NCST) under Article 338A play major roles in advising and monitoring tribal welfare.


📘 Related Articles:

Article Content
Article 341 Defines and identifies Scheduled Castes
Article 338A Establishes National Commission for Scheduled Tribes
Article 15(4) & 16(4) Allow special provisions/reservations for STs
Fifth Schedule Provisions for administration of Scheduled Areas and STs in most states
Sixth Schedule Provisions for autonomous districts in tribal areas of Northeast India

🧠 Example:

  • A tribe like Gond may be recognized as ST in Madhya Pradesh, but not necessarily in Uttar Pradesh, unless notified separately for that state.


Here is a comparison chart between Article 341 and Article 342 of the Indian Constitution:


📊 Comparison Chart: Article 341 vs Article 342

Feature Article 341 Article 342
Focus Scheduled Castes (SCs) Scheduled Tribes (STs)
Who Issues Notification? President of India President of India
Who Must Be Consulted? Governor of the concerned State/UT Governor of the concerned State/UT
Purpose Identifying castes, races, or tribes to be included in the SC list Identifying tribes or tribal communities to be included in the ST list
Applicable To Specific States or Union Territories Specific States or Union Territories
Modification After Initial Notification Only Parliament by law can include or exclude castes Only Parliament by law can include or exclude tribes
Initial Power of President Can issue public notification after consultation Can issue public notification after consultation
Repeal or Additions After Initial Notification? President cannot change the list without Parliament's law President cannot change the list without Parliament's law
Importance Legal basis for SC reservations and welfare schemes Legal basis for ST reservations and tribal development policies
Linked Constitutional Bodies National Commission for SCs (Article 338) National Commission for STs (Article 338A)
Examples Chamar, Jatav (in UP, Punjab, etc.) Gond, Bhil, Santhal (in MP, Odisha, etc.)

✅ Summary:

  • Both articles give constitutional authority to classify SCs and STs on a State/UT-specific basis.

  • Once notified, only Parliament can make changes—not the President or State government.

  • These lists are essential for providing reservations, protections, and special benefits under Indian law.