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Home/Anthropology/Mains PYQ/2019/Paper II/Tribal Development, Policy & Safeguards
UPSC MainsAnthropology Optional Paper II 2019 15 Marks Model Answer Available

Constitutional Safeguards for Indian Tribes — 2019 Paper II

Question · 2019 · Paper II · 15 Marks

What are the constitutional safeguards to protect the interests of the Indian tribes ?

Model Answer

VAID ICS

Approach

  • Demand of Question: Identify and systematically explain the constitutional safeguards protecting the social, economic, political and administrative interests of Scheduled Tribes.
  • Structuring the Response: Classify safeguards under fundamental rights, development, political representation, administration and constitutional institutions.
  • Key Dimensions to Cover: Articles 15, 16, 46, 244, 275, 330, 332, 335, 338A, 339, 342, Fifth Schedule and Sixth Schedule.

Model Answer

Introduction: The Constitution recognizes the historical vulnerability and distinct socio-cultural position of Scheduled Tribes and provides safeguards based on protective discrimination, political representation, socio-economic development and administrative autonomy.

  1. Fundamental Rights and protective discrimination

Article 14: Equality before law and equal protection of laws.

Article 15(4) and 15(5): Permit special provisions for the advancement of socially and educationally backward classes and Scheduled Tribes, particularly in education.

Article 16(4): Enables reservation in public employment for inadequately represented backward classes, including STs.

Article 23: Prohibits trafficking and forced labour, important in protecting vulnerable tribal labour.

  1. Directive Principle

Article 46 specifically directs the State to promote the educational and economic interests of Scheduled Castes and Scheduled Tribes and protect them from social injustice and exploitation.

  1. Political representation

The Constitution provides:

  • Article 330: Reservation of seats for STs in the Lok Sabha.
  • Article 332: Reservation in State Legislative Assemblies.
  • Article 243D: Reservation in Panchayati Raj Institutions.

Thus:

Political reservation → Representation → Participation in governance

  1. Administration of Scheduled Areas

Article 244 provides special administrative arrangements through:

Fifth Schedule: Applies to Scheduled Areas in several states.

Important provisions include:

  • Tribes Advisory Council;
  • special responsibilities of the Governor;
  • power to regulate or restrict transfer of tribal land;
  • regulation of money-lending in Scheduled Areas.

Sixth Schedule: Provides Autonomous District and Regional Councils in tribal areas of:

  • Assam;
  • Meghalaya;
  • Tripura;
  • Mizoram.

These councils possess powers concerning land, customary law and local administration.

  1. Financial safeguards

Article 275(1): Provides grants-in-aid from the Union for promoting welfare of Scheduled Tribes and raising the level of administration in Scheduled Areas.

  1. Services

Article 335: Requires consideration of the claims of SCs and STs in appointments to services and posts, consistent with administrative efficiency.

  1. National Commission for Scheduled Tribes

Article 338A establishes the National Commission for Scheduled Tribes (NCST) to:

  • investigate safeguards;
  • inquire into complaints;
  • advise on development;
  • report to the President.
  1. Union supervision

Article 339 enables the Union to exercise oversight over administration of Scheduled Areas and welfare of Scheduled Tribes.

  1. Identification of Scheduled Tribes

Article 342 provides the constitutional procedure for specification of communities as Scheduled Tribes.

  1. Special political-administrative protections

Certain states also possess special constitutional provisions protecting tribal customary practices and land, notably Articles 371A and 371G relating to Nagaland and Mizoram.

Overall constitutional philosophy

The safeguards combine:

Equality + Positive discrimination + Representation + Territorial autonomy + Protection from exploitation

Conclusion

The Constitution does not envisage tribal integration through forced assimilation. Through the Fifth and Sixth Schedules, reservations, developmental provisions and institutional safeguards, it seeks to combine equal citizenship with protection of tribal identity, land, customary institutions and political participation.

2026 Discuss the impact of democratic institutions on the tribal populations of India. 2026 Write an account on Development Action Plan for Scheduled Tribes (DAPST). 2026 What are the provisions given in the Constitution of India for the safeguard of the Scheduled Caste populations? 2026 Particularly Vulnerable Tribal Group (PVTG) of the islands.

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