Consider the following statements: 1. It is the Governor of the State who recognizes and declares any community of that State as a Scheduled Tribe. 2. A community declared as a Scheduled Tribe in a State need not to be so in another State. Which of the statements given above is/are correct?
Contents14
- A1 only
- B2 only
- CBoth 1 and 2
- DNeither 2 nor 2
Show answer
Answer: (B) 2 only
Correct Answer: (b) Statement 2 only.
Statement 1:
The Governor recognizes and declares Scheduled Tribes — ✗ WRONG.
It is the PRESIDENT (not the Governor) who specifies Scheduled Tribes through a public notification, after consulting the Governor of the state (Article 342).
Only Parliament can later modify the list.
Statement 2:
A Scheduled Tribe in one state need not be one in another — ✓ CORRECT.
The ST list is state/UT-specific.
A community listed as ST in one state may not have that status in another.
Key point:
Don't confuse the roles — the President notifies, Parliament amends, but the Governor only gets consulted.
Article 342 gives the President (not Governor) power to specify Scheduled Tribes after consulting state Governors, and only Parliament can modify the ST list later.
ST status is state-specific, so the same community can be ST in one state but not in another, creating different rights and reservations across states.
Scheduled Tribes Recognition Process
Indian Polity Governor recognizes and declares Scheduled Tribe
Scheduled Tribes Recognition: Article 342 Process & Authority
President notifies Scheduled Tribes, not the Governor
Governor is only consulted in the process
Only Parliament can modify ST lists later
ST status is state-specific, not national
Constitutional Framework
Article 342 establishes the process for recognizing Scheduled Tribes. The Constitution assigns specific roles to different authorities - understanding who does what is crucial for UPSC questions.
ST Recognition Process
%%{init: {"flowchart": {"wrappingWidth": 460}}}%%
flowchart TD
s1["`**State Government Recommendation**
State identifies communities needing ST status`"]
s2["`**Governor Consultation**
President consults the Governor of the concerned state`"]
s3["`**Presidential Notification**
President issues public notification specifying the community as ST`"]
s4["`**Parliamentary Amendment**
Only Parliament can later modify or remove communities from the list`"]
s1 --> s2
s2 --> s3
s3 --> s4Authority Roles Comparison
Authority | Role in ST Recognition | Constitutional Basis | Power Level |
|---|---|---|---|
President | Issues notification declaring STs | Article 342(1) | Final decision-maker |
Governor | Consulted by President | Article 342(1) | Advisory only |
Parliament | Modifies ST lists through law | Article 342(2) | Amendment authority |
State Government | Makes recommendations | Administrative | Initiates process |
State-Specific Nature
ST lists are state/UT-specific - a community may be ST in one state but not in another
Geographic and cultural factors determine ST status in different regions
Same community can have different constitutional status across state boundaries
Trap: Statement 1 says Governor recognizes STs - it's actually the President
Don't confuse consultation with decision-making power - Governor only advises
Remember: President notifies, Parliament amends, Governor consults
State-specific nature means no automatic national ST status
Constitutional Provisions for SCs & STs
Indian Polity
Articles 341-342: SC/ST Constitutional Framework
Article 341 covers Scheduled Castes recognition
Article 342 covers Scheduled Tribes recognition
Both follow same authority structure: President notifies, Parliament amends
Fifth & Sixth Schedules provide special protections for tribal areas
Articles 341 vs 342 Comparison
Aspect | Article 341 (SCs) | Article 342 (STs) | Key Similarity |
|---|---|---|---|
Recognition Authority | President | President | Same process |
Consultation Required | Governor of state | Governor of state | Mandatory consultation |
Amendment Power | Parliament only | Parliament only | Legislative protection |
Geographic Scope | State/UT specific | State/UT specific | No national lists |
Initial Lists | Constitution (Scheduled Castes) Order 1950 | Constitution (Scheduled Tribes) Order 1950 | Presidential Orders |
Constitutional Protection Framework
# SC/ST Constitutional Provisions
## Recognition (341-342)
- Presidential notification
- State-specific lists
- Parliamentary amendments
## Reservation (330, 332)
- Lok Sabha seats
- State Assembly seats
- Proportional representation
## Special Protections
- Fifth Schedule (tribal areas)
- Sixth Schedule (NE tribal areas)
- Atrocities Prevention Act
## Welfare Measures
- Article 46
- Educational advancement
- Social justice promotionUPSC Exam Relevance
Authority confusion is the most tested aspect - President vs Governor vs Parliament roles
State-specific nature often appears in statement-based questions
Fifth/Sixth Schedule provisions frequently tested alongside Articles 341-342
Amendment process questions test understanding of legislative vs executive powers
Scheduled Areas & Tribal Governance
Indian Polity
Fifth & Sixth Schedules: Tribal Area Administration
Fifth Schedule covers tribal areas in mainland India
Sixth Schedule covers tribal areas in Northeast (4 states)
Governor has special powers in Fifth Schedule areas
Autonomous councils govern Sixth Schedule areas
Constitutional Design
The Constitution provides two distinct models for tribal area governance - Fifth Schedule for mainland tribal areas and Sixth Schedule for Northeast. Both recognize the need for special administrative arrangements beyond regular state governance.
Fifth vs Sixth Schedule Areas
Feature | Fifth Schedule | Sixth Schedule | Key Difference |
|---|---|---|---|
Geographic Coverage | 9 mainland states | 4 NE states (Assam, Meghalaya, Tripura, Mizoram) | Mainland vs Northeast |
Administrative Authority | Governor with special powers | Autonomous District Councils | Executive vs Council governance |
Legislative Powers | Governor can modify laws | Councils can make laws | Limited vs Full legislative power |
Constitutional Articles | Articles 244(1), Fifth Schedule | Articles 244(2), Sixth Schedule | Separate constitutional provisions |
Advisory Body | Tribes Advisory Council (mandatory) | Not mandatory | Consultation mechanism differs |
Scheduled Areas Map
Source: CivilsDaily — Scheduled Areas in India: A Constitutional Framework ... · www.civilsdaily.com
Governor's Special Powers (Fifth Schedule)
Can prohibit or restrict transfer of land by or among members of Scheduled Tribes
May regulate allotment of land to members of Scheduled Tribes
Can modify or repeal any Act of Parliament/State Legislature for Scheduled Areas
Tribes Advisory Council must be consulted - minimum 20 members, 3/4th must be ST representatives
Don't confuse Fifth (mainland) with Sixth (Northeast) Schedule coverage
Governor's powers are specific to Fifth Schedule areas only
Remember: 4 NE states have Sixth Schedule, not all 8 NE states
Tribes Advisory Council is mandatory only for Fifth Schedule areas