Article 339 of the Costitution of India with Case law
🇮🇳 Article 339 of the Constitution of India
Subject: Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes
🔹 Bare Text of Article 339:
(1) The President may at any time, and shall at the expiration of ten years from the commencement of this Constitution by order appoint a Commission to report on the administration of the Scheduled Areas and the welfare of the Scheduled Tribes in the States.
The order may define the composition, powers, and procedure of the Commission and may contain such incidental or ancillary provisions as the President may consider necessary or desirable.(2) The executive power of the Union shall extend to the giving of directions to a State as to the drawing up and execution of schemes specified in the direction to be essential for the welfare of the Scheduled Tribes in the State.
🧩 Explanation:
Article 339 deals with the Union Government's responsibility and powers regarding:
Administration of Scheduled Areas
Welfare of Scheduled Tribes (STs)
It allows:
The President to appoint a commission to study and report on tribal welfare.
The Union Government to issue directions to State Governments for ensuring tribal welfare.
🏛️ Key Elements of Article 339:
| Provision | Description |
|---|---|
| Clause (1) | Presidential appointment of a Commission for Scheduled Areas and Scheduled Tribes. First such commission must be appointed within 10 years from 1950. |
| Clause (2) | Allows the Union Government to direct States to implement schemes for ST welfare. These directions are binding. |
🔹 Important Commissions Appointed under Article 339(1):
🟢 1. Dhebar Commission (1960)
First Commission under Article 339(1)
Headed by U.N. Dhebar, former President of the Indian National Congress.
Recommendations:
Stronger administration in Scheduled Areas.
Proper implementation of protective legislation for Scheduled Tribes.
Education, land rights, and political empowerment.
🟢 2. Bhuria Commission (1991)
Focused on strengthening Panchayati Raj in Scheduled Areas.
Recommendations led to the enactment of PESA Act, 1996 (Panchayats (Extension to Scheduled Areas) Act).
🧑⚖️ Important Case Laws on Article 339:
🔸 1. Samatha v. State of Andhra Pradesh, (1997) 8 SCC 191
Issue: Whether private mining leases in Scheduled Areas to non-tribals are valid.
Held: Such leases violate tribal rights. State must act in line with constitutional protections for STs including Article 339.
Significance: Reinforced the Union's oversight on ST welfare and administration in Scheduled Areas.
🔸 2. T.N. Godavarman Thirumulpad v. Union of India, AIR 1997 SC 1228
Though primarily a forest-related case, the court emphasized the need to protect tribal rights and habitats, indirectly affirming Union powers under Article 339.
🔸 3. Union of India v. Rakesh Kumar, (2010)
Concerned failure of state to implement welfare schemes for tribals.
Court referred to Article 339(2) as a basis for central intervention in tribal affairs in case of state inaction.
📌 Significance of Article 339:
| Feature | Description |
|---|---|
| Welfare-Centric | Provides constitutional basis for focused policies on ST development. |
| Union Oversight | Allows Centre to intervene in state matters for ST welfare. |
| Commission Mechanism | Regular evaluation of Scheduled Area governance through appointed commissions. |
| Empowers Policy | Facilitates formation of major tribal welfare laws (e.g., PESA, Forest Rights Act). |
🧭 Related Articles and Provisions:
| Article | Subject |
|---|---|
| Article 338A | National Commission for Scheduled Tribes (NCST) |
| Article 244 | Administration of Scheduled Areas and Tribes |
| Fifth Schedule | Provisions for administration of Scheduled Areas |
| PESA Act, 1996 | Local governance in Scheduled Areas |
✅ Conclusion:
Article 339 is a crucial provision that empowers the Union Government to protect tribal communities and ensure their development. It has both evaluative (through commissions) and directive (binding directions to States) components. It plays a vital role in upholding tribal rights and enabling inclusive governance in Scheduled Areas.
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