If the name of a tribe has to be excluded from the official list of Scheduled Tribes in India, which constitutional authority has the power to make such an exclusion?

Difficulty: Medium

Correct Answer: Parliament

Explanation:


Introduction / Context:
The Constitution of India provides special provisions for the identification and protection of Scheduled Castes and Scheduled Tribes. These communities are listed in official schedules and receive various safeguards and benefits. The inclusion or exclusion of any group in these lists is not a casual administrative act; it follows a formal constitutional process to ensure stability and fairness. This question asks which authority has the power to exclude the name of a tribe from the official list of Scheduled Tribes once it has been notified.


Given Data / Assumptions:

  • The subject is the process of exclusion of a tribe from the Scheduled Tribes list.
  • Options include the President, Parliament, the National Commission for Scheduled Tribes, and the Union Council of Ministers.
  • We assume familiarity with Articles 341 and 342 of the Constitution, which deal with Scheduled Castes and Scheduled Tribes.
  • The focus is on the authority that has final power to change the list.


Concept / Approach:
Under Article 342 of the Constitution, the President of India initially specifies the tribes or tribal communities to be deemed as Scheduled Tribes in relation to a state or Union territory, after consultation with the state government concerned. However, any subsequent inclusion or exclusion of tribes from this list can only be done by Parliament by law. This means that while the President issues the notification, amendments to the list—such as excluding a tribe—require a law passed by Parliament. The National Commission for Scheduled Tribes and the Union Council of Ministers may recommend changes, but they do not themselves have the constitutional power to alter the list. Therefore, Parliament is the correct answer.


Step-by-Step Solution:

Step 1: Recall Article 342, which deals with the specification of Scheduled Tribes. Step 2: Understand that the President issues the initial notification of which tribes are to be treated as Scheduled Tribes for each state after consulting with the state government. Step 3: Note the key constitutional point: any subsequent inclusion in or exclusion from this list can be done only by Parliament by law. Step 4: Recognise that the National Commission for Scheduled Tribes can investigate and recommend, but it cannot legally alter the list on its own. Step 5: Remember that the Union Council of Ministers advises the President and steers legislation but does not itself have legislative power to change the schedule. Step 6: Conclude that Parliament is the authority empowered to exclude a tribe from the Scheduled Tribes list.


Verification / Alternative check:
Standard polity textbooks emphasise that the lists of Scheduled Castes and Scheduled Tribes can only be changed by Parliament through an Act, not by executive order alone. Many exam questions repeat this concept to test whether candidates can distinguish between the President's role in notification and Parliament's role in subsequent amendment. This clear division of responsibilities confirms that Parliament is the right choice here, even though the President is involved in the process.


Why Other Options Are Wrong:

  • President: Issues the original notification and can act only as per the law; cannot unilaterally add or delete tribes after the initial specification without a law passed by Parliament.
  • National Commission for Scheduled Tribes: Advisory and investigative body; it can recommend changes but cannot legally modify the constitutional schedule.
  • Union Council of Ministers: Exercises executive power and can propose legislation, but the power to amend the list lies with Parliament through law making.


Common Pitfalls:
Many candidates confuse the President's role in initial notification with the power to make subsequent changes. Another common error is to overestimate the powers of commissions, assuming they can directly modify schedules. To avoid these mistakes, it is important to remember that any change in the lists of Scheduled Castes and Scheduled Tribes requires an Act of Parliament, reflecting the gravity and permanence of such decisions.


Final Answer:
If the name of a tribe has to be excluded from the list of Scheduled Tribes, the power to do so lies with Parliament of India, acting by law.

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