Introduction
The debate surrounding whether individuals from Scheduled Tribes (ST) retain their constitutional benefits after religious conversion is a significant topic for UPSC Prelims, as it involves constitutional provisions, the mandate of specialized commissions, and the evolution of affirmative action in India.
Why in News?
- Demands for delisting converted tribal individuals from the list of Scheduled Tribes have intensified, with proponents arguing that ST status should be restricted to those practicing traditional indigenous faiths.
- Various civil society groups are lobbying for legislative changes, citing the need to protect tribal cultural heritage from being diluted.
Static Link
- The issue relates to Article 342 of the Indian Constitution, which empowers the President of India to specify the tribes or tribal communities deemed to be Scheduled Tribes in relation to a State or Union Territory.
- Unlike the Scheduled Castes (SC) list, which was historically linked to specific religions by the Constitution (Scheduled Castes) Order, 1950, there is no such religious restriction for STs in the Constitution.
- UPSC often asks about the criteria for identifying STs, which include geographical isolation, distinct culture, shyness of contact, and backwardness.
Institutional Link
- National Commission for Scheduled Tribes (NCST): A constitutional body established under Article 338A (inserted by the 89th Constitutional Amendment Act, 2003). It is mandated to oversee the protection, welfare, and development of STs.
- Ministry of Tribal Affairs: The nodal ministry responsible for the overall policy, planning, and coordination of programs for the development of STs.
- Kartick Oraon Committee (1967): A historical parliamentary committee that recommended excluding converts from ST benefits, though this was not adopted into law.
Core Prelims Facts
- Article 342(1): Empowers the President to specify the tribes or tribal communities to be deemed as STs after consultation with the Governor of the state.
- Constitutional Order: The Constitution (Scheduled Tribes) Order, 1950, specifies the tribal communities but contains no explicit religious clause.
- Reservation Rationale: Reservation for STs is primarily aimed at compensating for historical socio-economic marginalization and preserving distinct cultural practices.
Important Terms and Concepts
- Delisting: The proposed legislative or administrative action to remove individuals or groups from the ST list based on their religious conversion.
- Affirmative Action: Constitutional provisions intended to provide equitable opportunities to historically disadvantaged communities.
- Indigenous Faiths: Traditional, non-organized belief systems followed by various tribal communities, often involving animistic practices.
Bodies / Organisations / Institutions
- National Commission for Scheduled Tribes: A constitutional body composed of a Chairperson, a Vice-Chairperson, and three other members appointed by the President. It has the powers of a civil court.
Schemes / Laws / Reports / Conventions
- The Constitution (Scheduled Tribes) Order, 1950: The primary legal document defining the ST communities in India.
- Article 338A: The constitutional provision that provides for the establishment of the NCST.
Possible UPSC Prelims Traps
- Trap: Assuming ST status has the same religious restrictions as SC status (it does not).
- Trap: Confusing NCST (Constitutional body under Article 338A) with other statutory bodies like the National Commission for Women or National Commission for Minorities.
- Trap: Believing that the criteria for declaring a community as ST are strictly defined in the text of the Constitution (they are not; they have evolved through administrative/executive criteria).
- Trap: Assuming the President can unilaterally change the list without parliamentary approval (Parliament by law may include or exclude any tribe).
One-Minute Revision Notes
- ST status is governed by Article 342.
- No constitutional religious bar exists for ST eligibility.
- NCST is a constitutional body (Art 338A, 89th Amendment).
- Criteria for ST status include geographical isolation, distinct culture, and backwardness.
- The Constitution (Scheduled Tribes) Order, 1950 governs the list.
Practice MCQ for Prelims
Q. With reference to the Scheduled Tribes (ST) in India, consider the following statements:
1. The Constitution of India explicitly excludes persons professing religions other than traditional tribal faiths from the list of Scheduled Tribes.
2. The National Commission for Scheduled Tribes is a constitutional body established under Article 338A.
3. The criteria for declaring a community as a Scheduled Tribe are clearly defined in the Constitution.
Which of the statements given above are correct?
A) 1 and 2 only
B) 2 only
C) 1 and 3 only
D) 1, 2 and 3
Answer: B
Explanation: Statement 1 is incorrect because there is no such religious clause in the Constitution for STs. Statement 3 is incorrect because the criteria for declaring a community as ST are not defined in the Constitution but have evolved through executive practice.
Original Article: https://indianexpress.com/article/explained/st-status-after-conversion-adivasi-delisting-debate-10715937/
Full Current Affairs Analysis: https://iasment.com/revisiting-the-delisting-demand-st-status-and-religious-conversion-mains-specific/