Article 342 of Indian Constitution plays a pivotal role in identifying and safeguarding the rights of Scheduled Tribes (STs) across India. Embedded in Part XVI of the Constitution it empowers the President to specify the tribes or tribal communities deemed as Scheduled Tribes in relation to a particular State or Union Territory. This designation is crucial for implementing affirmative actions aimed at uplifting these historically marginalized communities.

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Article 342 of Indian Constitution

Scheduled Tribes

(1) The President may, with respect to any State or Union territory, and where it is a State, after consultation with the Governor thereof, by public notification, specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purposes of this Constitution be deemed to be Scheduled Tribes in relation to that State or Union territory, as the case may be.

(2) Parliament may by law include in or exclude from the list of Scheduled Tribes specified in a notification issued under clause (1) any tribe or tribal community or part of or group within any tribe or tribal community, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.

Note: "The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders" 

Article 342(1) of Indian Constitution grants the President the authority to identify and notify certain tribes or tribal communities as Scheduled Tribes for a specific State or Union Territory . This process involves consultation with the Governor of the respective State. Once notified, these communities are recognized for the purposes of the Constitution, enabling them to access various benefits and protections.

Article 342(2) of Indian Constitution stipulates that any inclusion or exclusion of communities from the Scheduled Tribes list can only be effected by the Parliament through legislation. This provision ensures that changes to the list are made with due legislative process, maintaining the integrity and uniformity of the classification across the nation. Explore in-depth analysis of other Constitutional Articles.

Article 342 of Indian Constitution :Landmark Cases 

These judgments have clarified the scope, application and significance of Article 342 in the legal structure of India . Some of the most important and influential cases include:

• State of Maharashtra v. Milind (2001)The Supreme Court held that once a community is notified as a Scheduled Tribe under Article 342, it is binding and cannot be altered by any authority other than the Parliament. 
• E.V. Chinnaiah v. State of Andhra Pradesh (2004)The Court ruled that sub-classification within Scheduled Tribes for the purpose of reservation is unconstitutional, emphasizing the homogeneity of the ST category as notified under Article 342. 
• Marri Chandra Shekhar Rao v. Dean, Seth G.S. Medical College (1990)It was established that a person belonging to a Scheduled Tribe in one State cannot claim the same status in another State unless the tribe is recognized as such in that State under Article 342. 
• The State of Punjab & Ors. v. Davinder Singh & Ors. (2024)In a significant ruling, the Supreme Court allowed the subclassification of Scheduled Castes and Scheduled Tribes, enabling States to distribute benefits more equitably among these communities.

Under the Indian Constitution Article 342 is instrumental in the socio-economic development of Scheduled Tribes . By officially recognizing certain communities as STs it ensures their eligibility for affirmative actions such as reservations in education, employment and political representation . This constitutional recognition is vital for addressing historical injustices and promoting inclusive growth.

Furthermore, the provision maintains a standardized process for the identification of Scheduled Tribes preventing arbitrary or politically motivated alterations. This uniformity is essential for preserving the rights and privileges accorded to these communities across different States and Union Territories.

Article 342 of Indian Constitution :Developments and Amendments

Over the years, Article 342 has seen various developments to adapt to the evolving socio-political landscape :

• The Constitution (Scheduled Tribes) Order, 1950: This order listed the tribes recognized as Scheduled Tribes in different States and Union Territories, serving as a foundational document for ST identification.
• Amendments through Parliamentary Acts: The Parliament has periodically amended the list of Scheduled Tribes to include or exclude communities based on socio-economic studies and recommendations.
• Article 342A: Inserted by the 102nd Amendment Act, 2018, this article deals with the identification of Socially and Educationally Backward Classes (SEBCs), paralleling the provisions of Article 342 for STs.
• The Constitution (One Hundred and Fifth Amendment) Act, 2021 : This amendment clarified the roles of the President and State governments in identifying SEBCs reinforcing the federal structure in the classification process .

Conclusion

Article 342 of Indian Constitution serves as a cornerstone in the recognition and upliftment of Scheduled Tribes in India . By providing a constitutional mechanism for their identification and ensuring legislative oversight for any changes, it upholds the principles of social justice and equality enshrined in the Constitution . As India continues to strive towards inclusive development the provisions of Article 342 remain crucial in addressing the unique challenges faced by tribal communities and integrating them into the national mainstream .