Context: Recently, the Lok Sabha passed The Constitution (Schedule Tribes) Order (Amendment) Bill 2021 after a brief discussion as some Opposition members kept protesting in the House which seeks to amend the constitutional list of Scheduled Tribes as recommended by Arunachal Pradesh. 

• Earlier the Bill was passed by the Rajya Sabha with a voice vote amid din. 
• Major Tribes of North-East India: Abhors, Chang, Galaong, Mishimi, Singpho, Wancho

Key Amendment

• The bill was brought in to remove the Abor tribe from the list of STs in the state.
• According to the bill, at present, there are 18 communities with their synonyms appearing in the illustrative list of Scheduled Tribes in respect of the state of Arunachal Pradesh.
• On the basis of recommendations of the State of Arunachal Pradesh, the bill provides for modifying Part-XVIII of the Schedule to the Constitution (Scheduled Tribes) Order, 1950, relating to the state.

Deletion: It provides for deletion of 'Abor' (tribe) in serial No.1, as it is the same as 'Adi' in serial No.16.

• Replacement: Secondly, it proposed to replace 'Tai Khamti' instead of 'Khampti' at serial No.6 of the list.

Inclusion

• 'Mishmi-Kaman (Miju Mishmi)', 'Idu (Mishmi)' and 'Taraon (Digaru Mishmi)' in serial No. 8 in lieu of 'Mishmi, Idu, Taroan' in the list.
• 'Monpa', 'Memba', 'Sartang', 'Sajolang (Miji)' in serial No. 9 in lieu of 'Momba' in the list.
• 'Nocte', 'Tangsa', 'Tutsa', 'Wancho' in lieu of 'Any Naga Tribes' in serial No. 10 of the list.
• The bill also restores the power of states to identify backward classes.

Who are Scheduled Tribes (STs)?

• Article 366 (25) of the Constitution of India prescribe that the STs means such tribes or tribal communities as are deemed under Article 342 of the Constitution to be Scheduled Tribes.
• 342(1) Scheduled Tribes: The President may with respect to any State or Union Territory, and where it is a State, after consultation with the Governor thereof, specify the tribes or tribal communities or part of or groups within tribes or tribal communities as ST in relation to that State or Union Territory as the case may be.
• 342 (2): Parliament may be 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.

Why these tribes are called ‘scheduled’?

• These tribes are called ‘scheduled’ is because they are included in one of the Schedule of the Indian Constitution (5th Schedule).
• The Constitution of India has 12 Schedules. 

Constitutional Safeguards for STs
To provide Educational & Cultural Safeguards

• Article 15(4): Special provisions for advancement of other backward classes(which cludes STs)
• Article 29: Protection of Interests of Minorities (which cludes STs)
• Article 46: The State shall promote, with special care, the educational and economic interests of the weaker sections of the people, and in particular, of the Scheduled Castes, and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation
• Article 350: Right to conserve distinct Language, Script or Culture

Under Social Safeguard
Economic Safeguards

• Article 244: Clause(1) Provisions of Fifth Schedule shall apply to the administration & control of the Scheduled Areas and Scheduled Tribes in any State other than the states of Assam, Meghalaya, Mizoram and Tripura which are covered under Sixth Schedule, under Clause (2) of this Article.
• Article 275: Grants in-Aid to specified States (STs&SAs) covered under Fifth and Sixth Schedules of the Constitution.

Political Safeguards

• Article 330: Reservation of seats for STs in Lok Sabha
• Article 337: Reservation of seats for STs in State Legislatures
• Article 371: Special provisions in respect of NE States and Sikkim

Service Safeguards

• Under Articles 16(4), 16(4A),164(B) 335, and 320(40)

Road Ahead

• The tribal affairs ministry is already funding for the welfare of 10.45 crores Scheduled Tribes population (Census, 2011).
• Further, the Scheduled Tribes are also eligible for benefits under the Scheduled Tribes Component (STC) of schemes under the Central government and state governments.
• The new Bill will be massively beneficial for the tribal communities of the state. Many tribal communities from the state were not included in the list even after independence.

By: Shubham Tiwari