Procedure to Amend Scheduled Tribes List [UPSC Notes]

Chief Justice of India, D.Y. Chandrachud, stated that a High Court does not have the power to direct changes in the Scheduled Tribes List as it is the Presidential power to designate. This statement comes after the Manipur High Court directed the State government to consider adding the Meitei community to the Scheduled Tribe list, which violates the settled law laid down by the Constitution Bench in the State of Maharashtra versus Milind case in November 2000.

In this article, we shall discuss in detail the procedure to amend the ST list in India. This topic is relevant for the IAS exam polity and governance segment of GS paper II.

Procedure to Amend Scheduled Tribes List

• According to Article 342(1) of the Indian Constitution, the power to specify Scheduled Tribes is entirely that of the President of India.
• Any tribe or tribal community can be included or excluded from the list of Scheduled Tribes only by law to be made by the Parliament of India.
• A notification issued under clause (1) of Article 342, specifying Scheduled Tribes, can be amended only by law to be made by the Parliament.
• It is not open to State governments or courts or tribunals or any other authority to modify, amend or alter the list of Scheduled Tribes specified in the notification issued under clause (1) of Article 342.

Constitutional Bench Ruling for Amending Scheduled Tribes List

• In November 2000, a five-judge bench of the Supreme Court of India delivered a judgment in the case of the State of Maharashtra versus Milind.
• The Constitutional Bench held that it is not permissible for State governments, courts, tribunals, or any other authority to modify, amend, or alter the list of Scheduled Tribes specified in the notification issued under clause (1) of Article 342 of the Indian Constitution.
• The power to designate Scheduled Castes or Scheduled Tribes is entirely that of the President of India, as per Article 342(1) of the Constitution.
• The Scheduled Tribes Order specified in the notification issued under clause (1) of Article 342 must be read as it is.
• Any tribe or tribal community or part of or group within any tribe can be included or excluded from the list of Scheduled Tribes issued under clause (1) of Article 342 only by Parliament by law and by no other authority.
• The Scheduled Tribes Order must be read as it is, and it is not even permissible to say that a tribe, sub-tribe, part of or group of any tribe or tribal community is synonymous with the one mentioned in the Scheduled Tribes Order if they are not so specifically mentioned in it.

Conclusion: Following the Manipur High Court’s direction to consider adding the Meetei/Meitei community to the Scheduled Tribe list, violent clashes erupted in the state leading to several deaths. This highlights the importance of adhering to the Constitution and legal procedures for any changes to the Scheduled Tribes List. 

It is crucial to consider the impact of any such decisions on the social and political fabric of the affected regions and to ensure that they are taken with adequate consultation and consensus-building among all stakeholders. The recent events in Manipur underscore the need for sensitivity and caution while dealing with issues of identity and representation, particularly for historically marginalized communities.

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