Article 342 of the Costitution of India with Case law
Article 342 of the Constitution of India
– Scheduled Tribes
📜 Text of Article 342:
(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 any tribe or tribal community or part/group thereof after the initial notification.
🧾 Essence of Article 342:
| Aspect | Description |
|---|---|
| Who declares STs? | The President of India |
| Role of Governor | Must be consulted before declaration in a State |
| Post-declaration changes | Only Parliament can amend the ST list |
| Applies to | Each State and Union Territory separately |
📌 Key Features:
Tribes declared under Article 342 are known as Scheduled Tribes (STs).
They are eligible for constitutional protections and affirmative actions under:
Article 15(4), Article 46 (education and economic interests)
Article 244 (administration of Scheduled Areas)
Reservation in legislatures, jobs, and education.
⚖️ Important Case Laws Related to Article 342:
🧑⚖️ 1. State of Maharashtra v. Milind (2001)
Citation: (2001) 1 SCC 4
Issue: Whether courts can recognize someone as ST even if not in the official list
Held:
Only Parliament has power to include/exclude communities from ST list after initial notification.
Courts cannot grant ST status to a community not notified under Article 342.
Affirmed strict non-judicial approach to ST classification.
🧑⚖️ 2. Action Committee on Issue of Caste Certificate v. Union of India (1994)
Citation: AIR 1994 SC 477
Held:
Scheduled Tribe status cannot vary based on religion unless specified by law.
A person cannot claim ST status in a State just because a tribe has that status in another State.
🧑⚖️ 3. Kumar Madhuri Patil v. Addl. Commissioner (1994)
Citation: AIR 1995 SC 94
Held:
Laid down guidelines for issuing and verifying caste/tribe certificates.
Ensured safeguards against misuse of ST benefits by non-eligible persons.
🧑⚖️ 4. Bihar v. Radha Krishna Singh (1983)
Citation: AIR 1983 SC 684
Held:
Caste and community status for constitutional benefits must be proven through legal and documentary evidence.
Self-declaration or social perception not sufficient for ST status.
📚 Process of Declaring a Scheduled Tribe under Article 342:
Proposal from State Government or UT Administration
Examination by Registrar General of India (RGI)
National Commission for Scheduled Tribes (NCST) reviews
President issues notification after Governor’s consultation
Parliament must amend the list for inclusion or exclusion
✅ Key Takeaways:
| Feature | Detail |
|---|---|
| Initial declaration | By the President with Governor's consultation |
| Changes to list | Only by Parliament through law |
| Judiciary’s role | Cannot alter or recognize ST status not listed |
| ST status | Specific to each State/UT |
| Benefits given | Education, employment, political reservations, scholarships, etc. |
🔄 Related Constitutional Provisions:
| Article | Subject |
|---|---|
| Article 341 | Scheduled Castes |
| Article 15(4) | Special provisions for advancement of SCs/STs |
| Article 244 | Administration of Scheduled Areas |
| Fifth Schedule | Provisions for Scheduled Tribes and areas |
📌 Example:
Gond Tribe is a Scheduled Tribe in Madhya Pradesh, but not in Uttar Pradesh, unless specifically notified under Article 342 for that State.
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