What is Article 342 of Indian Constitution – Defination & Meaning

Article 342: Scheduled Tribes (1) The President may with respect to any State or Union territory, and where it is a State, after consultation with the
📅 Part XVI – Special Provisions Relating to Certain Classes
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Article Number

342

part

Part XVI – Special Provisions Relating to Certain Classes

Status

Active

Bare Acts Text

Article 342: 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.
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Full Definition & Explanation

Article 342 of the Indian Constitution primarily deals with the identification of Scheduled Tribes in India. This article empowers the President to notify specific tribes or tribal communities as Scheduled Tribes for any State or Union Territory. It is key because it helps in recognizing and protecting the rights of these communities, ensuring they receive necessary benefits under various government schemes. The President must consult the Governor of the respective State before making such notifications. This consultation ensures that local governance and knowledge about tribal communities are considered in the decision-making process. Also, Article 342 allows the Parliament to modify the list of Scheduled Tribes through legislation. This means that Parliament can include or exclude tribes from the list based on changing circumstances or needs of the communities. However, a notification made under this article cannot be altered by another notification without going through the legislative process. This creates a stable framework for the recognition of tribes, while also allowing for necessary updates. The impact of this article is far-reaching. It affects various aspects of life for tribal communities, including access to education, employment opportunities, and welfare programs. For example, recognition as a Scheduled Tribe can provide access to reservations in schools and jobs, thus helping uplift these communities. By identifying who belongs to these tribes, the government can work towards addressing their unique challenges and ensuring their voices are heard in the larger socio-political context of India.

Historical Context

Article 342 was included in the Constitution when it was adopted in 1950. During the Constituent Assembly debates, there was major discussion about the need to protect the rights of tribal communities. The framers of the Constitution recognized the historical marginalization of these groups, which led to the inclusion of provisions specifically for them. Although there have been no major amendments to this article, it has been referenced in various Supreme Court cases. These cases have clarified the criteria for defining Scheduled Tribes, impacting many communities across the country. The legal framework established is still relevant today in ensuring the representation and protection of tribal rights.

Key Features

– The President can specify tribes as Scheduled Tribes by notification.
– Consultation with the Governor is needed before any notification.
– Parliament can modify the list of Scheduled Tribes through law.
– Notifications issued cannot be changed by subsequent notifications.
– This article affects the rights and benefits of tribal communities.

Importance & Impact

– Recognizing Scheduled Tribes provides targeted welfare schemes and protections for communities.
– Scheduled Tribe status allows members to access educational reservations and benefits.
– Tribal communities can receive job reservations and employment opportunities with this recognition.
– This article plays a role in protecting the cultural rights and identities of tribes.
– Legislative actions ensure that the list of Scheduled Tribes remains updated and relevant.

Sample UPSC Question

Which of the following statements about Article 342 of the Indian Constitution is correct? A) It allows the President to declare any community as a Scheduled Tribe. B) Only the Parliament can specify tribes as Scheduled Tribes. C) The Governor’s consultation is needed for notifications by the President. D) Notifications under this article can be changed easily. Select the correct option and explain your reasoning for your choice.

Answer

The correct answer is C. Article 342 mandates that the President must consult the Governor before designating tribes as Scheduled Tribes. This requirement ensures that local governance is involved in the decision-making process, reflecting the needs of tribal communities. Options A and B misinterpret the powers of the President and Parliament, while option D incorrectly states that notifications can be easily changed.

Key Takeaways

✓ Article 342 empowers the President to recognize Scheduled Tribes officially.
✓ Consultation with the Governor ensures local governance involvement in decisions.
✓ Parliament has the authority to modify tribe listings through legislative actions.
✓ Notifications under this article are stable and cannot be easily changed.
✓ Recognition helps tribal communities access various benefits and rights.

FAQs

Article 342 of the Indian Constitution primarily deals with the identification of Scheduled Tribes in India. This article empowers the President to notify specific tribes or tribal communities as Scheduled Tribes for any State or Union Territory. It is key because it helps in recognizing and protecting the rights of these communities, ensuring they receive necessary benefits under various government schemes.

This means that Parliament can include or exclude tribes from the list based on changing circumstances or needs of the communities. However, a notification made under this article cannot be altered by another notification without going through the legislative process. This creates a stable framework for the recognition of tribes, while also allowing for necessary updates.

It affects various aspects of life for tribal communities, including access to education, employment opportunities, and welfare programs. For example, recognition as a Scheduled Tribe can provide access to reservations in schools and jobs, thus helping uplift these communities. By identifying who belongs to these tribes, the government can work towards addressing their unique challenges and ensuring their voices are heard in the larger socio-political context of India.

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Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.
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