The Constitution of India
Article 342
Scheduled Tribes
(1) The President may with respect to any State or Union territory, and where it is a State 4, after consultation with the Governor thereof, by public notification6 , 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.
Why this exists
India's Constitution provides special protections, reservations, and welfare measures for historically marginalized tribal communities. To apply these benefits fairly and uniformly, there needed to be a clear, authoritative process for deciding who qualifies as a 'Scheduled Tribe' in each State or Union Territory, rather than leaving it to ad hoc or inconsistent local decisions. This Article centralizes that power in the President (as a formal, uniform executive act) while ensuring only Parliament—representing the will of the people—can make lasting changes to the list, preventing arbitrary or frequent alterations that could disrupt community rights or entitlements.
How courts read it
In cases like State of Maharashtra v. Milind (2001), the Supreme Court held that courts cannot add or modify entries in the Scheduled Tribes list through interpretation—only Parliament can do so under Article 342(2). Courts have also emphasized that the list must be read strictly as notified, so communities not explicitly named (even if similar or related) cannot claim Scheduled Tribe status through judicial extension. This underscores that recognition is a political and legislative process, not a matter of case-by-case judicial discretion.
Common misconceptions
- Myth: If a community is recognized as a Scheduled Tribe in one state, it automatically gets the same status everywhere in India.
Fact: Scheduled Tribe status is state/UT-specific; a community must be separately notified for each State or Union Territory to claim benefits there. - Myth: Courts can decide to include a new community in the Scheduled Tribes list if it seems deserving.
Fact: The Supreme Court has held that only Parliament, through legislation, can add or remove entries from the list—courts cannot expand or reinterpret it themselves.