Specification of Scheduled Tribes under Article 342

A community is recognised as a Scheduled Tribe when it is included in the constitutionally authorised list for a particular State or Union territory. Article 342 provides for initial specification by the President and subsequent inclusion or exclusion by Parliament through law; Article 366(25) links the constitutional meaning of Scheduled Tribes to this process.

Initial specification by the President

Under Article 342(1), the President may, by public notification, specify tribes, tribal communities, or parts of or groups within them as Scheduled Tribes in relation to a State or Union territory.

• For a State, the President must consult its Governor before issuing the notification.
• Recognition is State- or Union-territory-specific, rather than an automatic all-India status for every community bearing the same name.
• The provision allows specification of an entire community or only a part of, or group within, that community.

Subsequent changes require parliamentary law

Under Article 342(2), Parliament may by law include a community in, or exclude it from, the list specified in the presidential notification. Except through this route, the notification cannot be varied by a subsequent notification.

• A State government cannot independently confer Scheduled Tribe status by passing a resolution or issuing an executive order.
• A State's recommendation initiates consideration but does not itself change the constitutional list.
• The Union executive likewise cannot add or remove a community merely through an administrative decision.

Administrative scrutiny before legislation

The constitutional power is supported by government modalities for modifying the lists. These provide a scrutiny process before a proposed amendment is placed before Parliament; they do not replace Parliament's authority under Article 342(2).

• The concerned State government or Union territory administration must recommend and justify the proposal for inclusion.
• The proposal is examined by the Registrar General of India and the National Commission for Scheduled Tribes.
• Under the prescribed modalities, proposals supported by the concerned State government or Union territory administration and both examining bodies are taken forward for legislative amendment.
• The Ministry of Tribal Affairs processes the proposal, and an amendment Bill is introduced after Union Cabinet approval.
• A recommendation or favourable scrutiny does not itself confer status; the parliamentary amendment must become law and take effect.