Union's Custodianship: Safeguarding Tribal Futures

Unpacking Article 339 of the Indian Constitution – The Union's Special Responsibility for Scheduled Areas and Tribal Welfare.

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Introduction: A Constitutional Commitment

Article 339 of the Indian Constitution is a pivotal provision that underscores the Union Government's special responsibility towards the administration of Scheduled Areas and the welfare of Scheduled Tribes (STs). It empowers the President to appoint commissions to report on these matters and vests the Union with the executive power to issue directions to States for the execution of schemes essential for tribal welfare. This article, read in conjunction with the Fifth and Sixth Schedules, forms the constitutional backbone for central oversight and intervention in tribal governance and development, reflecting the nation's commitment to protecting and uplifting these historically marginalized communities.

Core Constitutional Provisions

21.8.1: Appointment of a Commission (Article 339(1))

21.8.1.1: President's Authority and Mandatory Appointment:

"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."

This clause highlights two aspects:

  • Discretionary Power: The President may appoint such a Commission at any time if deemed necessary.
  • Mandatory Appointment: A Commission shall be appointed after ten years from the commencement of the Constitution (i.e., by 1960). This underscores the constitutional imperative to periodically review tribal administration and welfare.
(Source: The Constitution of India, Article 339(1))

21.8.1.2: Composition, Powers, Procedure:

"The order may define the composition of the Commission and the procedure to be followed by the Commission and may contain such incidental or ancillary provisions as the President may consider necessary." This provides flexibility to the President to determine the specifics of each commission, allowing it to be tailored to the prevailing needs and challenges regarding tribal welfare and Scheduled Areas administration. (Source: Laxmikanth, Indian Polity)

21.8.1.3: Examples of Commissions Appointed:

  • First Backward Classes Commission (Kaka Kalelkar Commission, 1953-55): While primarily appointed under Article 340, it implicitly touched upon issues affecting STs.
  • Scheduled Areas and Scheduled Tribes Commission (U.N. Dhebar Commission, 1960-61): The first and most prominent commission directly under Article 339(1). Made significant recommendations regarding tribal land alienation, forest rights, indebtedness. (Source: Ministry of Tribal Affairs reports; Dhebar Commission Report Summary)
  • High Level Committee on Socio-Economic, Health and Educational Status of Tribal Communities (Virginius Xaxa Committee, 2013-14): Constituted by Ministry of Tribal Affairs, reflected the continuous need for reviews in line with Article 339's spirit. (Source: Ministry of Tribal Affairs, Xaxa Committee Report)
21.8.2: Executive Power of the Union (Article 339(2))

21.8.2.1: Union's Power to Give Directions:

"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."

This is a significant federal provision, granting the Union direct leverage over state governments in matters of tribal welfare. It shifts the executive power of the Union from merely advising to directing states on specific welfare schemes.

21.8.2.2: Direct Role in Tribal Welfare Schemes:

This provision allows the Central government to play a direct and proactive role in ensuring the welfare of STs across the country. It empowers the Union to specify and even mandate the implementation of certain schemes by states, especially those considered "essential" for tribal welfare. This ensures a uniform approach and adherence to national priorities for tribal development. (Source: IGNOU Study Material, Public Administration: Tribal Welfare)

21.8.2.3: Reinforcement of Union's Responsibility and Link to Schedules:

Article 339(2) reinforces the Union's responsibility towards the protection and development of STs, ensuring that tribal development is not solely left to the discretion of state governments. This provision complements the specific administrative arrangements outlined in the Fifth Schedule (administration of Scheduled Areas and STs in most states) and the Sixth Schedule (administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram). (Source: NCERT, Indian Constitution at Work, Class XI; Laxmikanth, Indian Polity)

Exam Ready Insights

Prelims-ready Notes

  • Article 339: Union's control over Scheduled Areas administration and welfare of Scheduled Tribes.
  • Article 339(1) - Appointment of Commission:
    • President may appoint at any time, shall appoint at expiration of 10 years from Constitution's commencement.
    • Purpose: Report on administration of Scheduled Areas and ST welfare.
    • Commission's composition, powers, procedure defined by Presidential order.
    • U.N. Dhebar Commission (1960-61): First specific commission under Article 339.
    • Kaka Kalelkar Commission (1953-55): First Backward Classes Commission (under Art 340), broadly related.
    • Virginius Xaxa Committee (2013-14): High-level committee, important but not a constitutional commission under 339.
  • Article 339(2) - Executive Power of Union:
    • Union can issue directions to States regarding drawing up and execution of essential ST welfare schemes.
    • Reinforces Central government's responsibility for tribal welfare.
    • Complements Fifth and Sixth Schedules (administrative provisions for tribal areas).

Mains-ready Analytical Notes

Major Debates/Discussions

Federalism vs. Central Control:

  • Arguments for Central Control: Ensures national minimum standards, addresses historical neglect, provides resources, necessary for vulnerable groups.
  • Arguments Against/Concerns: Potential for encroachment on state autonomy, lack of local specificity, top-down approaches.
Effectiveness of Commissions
  • Advisory Nature: Recommendations are advisory; effectiveness depends on political will.
  • Timeliness: Periodic review is ensured, but impact relies on prompt action.
Implementation Gaps

Despite provisions, significant gaps persist (e.g., land alienation, forest rights, health, education, socio-economic indicators remain low). Highlights challenges in effective governance and coordination.

Historical Trajectory & Evolution

Pre-Independence Era

'Excluded' and 'Partially Excluded' areas under British rule, emphasizing isolation and separate administration to protect tribal communities.

Post-Independence: Constitutional Recognition

Constitutional recognition of Scheduled Areas and Tribes, Fifth and Sixth Schedules, and Articles like 339 for Union oversight.

Shift from Isolation to Development

Early policies focused on protection and isolation. Later, emphasis shifted towards integrating tribes into national mainstream through development, while preserving identity.

Increasing Central Role

With planned development and specific ministries for Tribal Affairs, the Union's involvement, as envisioned in Article 339, became more pronounced.

Evolution of Legal Frameworks

Enactment of PESA Act (1996) and Forest Rights Act (FRA, 2006) reflects policy evolution, often influenced by commission reports, aiming for greater tribal autonomy and rights.

Contemporary Significance & Key Linkages

PM Janjati Adivasi Nyaya Maha Abhiyan (PM-JANMAN)

Launched Nov 2023, focusing on Particularly Vulnerable Tribal Groups (PVTGs). A prime example of the Union using Article 339(2) to direct and execute schemes essential for tribal welfare.

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Implementation of PESA Act, 1996

Article 339(2) empowers the Union to direct states to effectively implement PESA, aiming for self-governance in Scheduled Areas.

Forest Rights Act (FRA), 2006

Union's directions under Article 339(2) are crucial for ensuring states properly implement FRA provisions regarding community and individual forest rights.

Article 46 (DPSP) & Operational Mechanism

Directs the State to promote educational and economic interests of weaker sections, especially STs, and protect them from exploitation. Article 339 provides the operational mechanism for this DPSP.

Tribal Sub-Plan (TSP) / TASP

A strategy for tribal area development, ensuring funds from general sectoral allocations. Union's directions under Art 339(2) are crucial for effective planning and execution.

Role of NCST (Art 338A) & MoTA

The National Commission for STs advises the government, complementing Article 339. The Ministry of Tribal Affairs plays a key coordinating role.

UPSC Previous Year Questions

Prelims MCQs

Year Question Answer
2014 Which of the following constitutional articles provides for the appointment of a commission to report on the administration of Scheduled Areas and the welfare of Scheduled Tribes in the States?
(a) Article 338 (b) Article 338A (c) Article 339 (d) Article 340		 (c) Article 339
2011 The executive power of the Union extends to giving directions to a State as to the drawing up and execution of schemes essential for the welfare of the Scheduled Tribes in the State. This provision is found in:
(a) Article 275 (b) Article 339 (c) Article 342 (d) Article 371A		 (b) Article 339
2016 With reference to the 'Fifth Schedule' of the Constitution of India, which of the following statements is/are correct?
1. It deals with the administration and control of Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram.
2. The executive power of the Union extends to giving 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.
Select the correct answer using the code given below: (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2		 (c) Both 1 and 2

Mains Questions

UPSC Mains 2020 (GS Paper II): How far has the Union Government succeeded in bringing about inclusive development in tribal areas? (15 marks)

Direction: Introduction (constitutional commitment). Successes (Ministry, NCST, PESA, FRA, PM-JANMAN, Art 339 role). Challenges (land alienation, poverty, implementation gaps). Conclusion (strengthen implementation, participation).

UPSC Mains 2018 (GS Paper II): "For effective control of the administration of Scheduled Areas and welfare of Scheduled Tribes, the Union Government has been empowered with specific provisions." Analyze these provisions, highlighting their implications for the federal structure of India. (15 marks)

Direction: Introduction (Union oversight need). Provisions (Art 339, Fifth/Sixth Schedules, Art 275). Implications for Federal Structure (Centralization, Protective Discrimination, Asymmetric Federalism, Cooperative Federalism). Conclusion (functional federalism).

UPSC Mains 2014 (GS Paper II): The protection of tribal identity and rights is crucial for their inclusive development. Discuss the various constitutional and legal safeguards available to Scheduled Tribes in India. (15 marks)

Direction: Introduction (importance of identity/rights). Constitutional Safeguards (Arts 15, 16, 29, 46, 330, 332, 334, 335, 338A, 339, Fifth/Sixth Schedules). Legal Safeguards (SC/ST PoA Act, PESA, FRA, Land Acquisition Act). Conclusion (effective implementation key).

Trend Analysis (Last 10 years)

Prelims Trends

  • Direct Factual Questions: Article number, appointing authority, purpose of commission, nature of Union's executive power.
  • Key Commissions: Names of prominent commissions like Dhebar are tested.
  • Link to Schedules: Understanding how Article 339 complements Fifth and Sixth Schedules is important.

Mains Trends

  • Analytical and Evaluative: Success or challenges of Union's control and welfare measures.
  • Federal Dynamics: Implication of central control on the federal structure (recurring theme).
  • Comprehensive Tribal Policy: Linking Article 339 to broader constitutional, legal, and programmatic aspects.
  • "Inclusive Development": Keyword often used in questions linking provisions to broader goals.

Key Takeaway:

The trend suggests a need to understand the spirit and practical application of Article 339, not just its verbatim content. Focus on its role in practical governance and its impact on tribal communities.

Test Your Knowledge

1. Consider the following statements regarding the commissions appointed under Article 339(1):

  • 1. The President is mandated to appoint such a commission only once every ten years from the commencement of the Constitution.
  • 2. The U.N. Dhebar Commission was the first commission specifically appointed under Article 339(1).
  • 3. The order appointing such a commission can define its powers and procedure.

Which of the statements given above is/are correct?

2. With reference to Article 339(2) of the Indian Constitution, which of the following is correct?

Mains Practice Questions

1. "Article 339 of the Constitution outlines the fundamental approach of the Union Government towards the administration of Scheduled Areas and the welfare of Scheduled Tribes, balancing oversight with state implementation." Critically analyze the provisions of Article 339 in light of this statement, also discussing the impact of landmark committees and recent governmental initiatives. (15 marks)

Key Points/Structure: Introduction (Union's special responsibility). Art 339's Approach (Oversight via commissions, Direction/Control via executive power). Balance (tension between central direction and state autonomy). Impact of Committees (Dhebar, Xaxa). Recent Initiatives (PM-JANMAN). Conclusion (successes, challenges, need for adaptive policies).

2. The effective administration of Scheduled Areas and the development of Scheduled Tribes are intertwined with strong central oversight. Discuss the constitutional mechanisms that facilitate this oversight, with a special focus on the role of Article 339 in supplementing the Fifth Schedule. (10 marks)

Key Points/Structure: Introduction (constitutional commitment to tribal welfare). Constitutional Mechanisms for Oversight (Fifth Schedule, Art 339(1) & (2), Art 338A, Art 275). Role of Article 339 in Supplementing Fifth Schedule (enforcement and review, periodic assessment, ensuring welfare schemes). Conclusion (comprehensive constitutional architecture).