The Constitution (Scheduled Tribes) Orders (Amendment) Bill, 2022  

Introduction

On February 7, 2022, the Minister of Tribal Affairs Mr Arjun Munda introduced The Constitution (Scheduled Tribes) Orders (Amendment) Bill, 2022 in Lok Sabha. The preamble of this Bill stated “This further to amend the Constitution (Scheduled Tribes) Order, 1950 for inclusion of the certain community in the list of Scheduled Tribes in relation to the State of Tripura.”

         The Constitution (Scheduled Tribes) Orders (Amendment) Bill, 2022 (Bill No. 21 of 2022) seeks to amend the Constitution (Scheduled Tribes) Order, 1950. This order specifies the tribes and tribal communities deemed to be Scheduled Tribes in various states and union territories.

          The objective of this Bill is to amend Part XV of the Schedule which specifies the Schedule Tribes in Tripura. It includes the Darlong community as a sub-tribe of the Kuki tribe in the list of Schedule Tribes in Tripura. 

          The central government can enact such law as per under Article 342 of the Constitution of India.

Article 342 of the Constitution provides as under:— “342. Scheduled Tribes.—(1) The President may with respect to any State or Union territory, and where it is a State, after consultation with the Governor thereof, by public notification, 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.”.

          According to the provisions of article 342 of the Constitution, the first list of the Scheduled Tribes was notified during the year 1950 in respect of various States and Union territories, vide the Constitution (Scheduled Tribes) Order, 1950.

          This list was modified from time to time. List of Scheduled Tribes of the State of Tripura has been modified, vide, the Constitution Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 2002 (10 of 2003).

          The State Government of Tripura has requested to include “Darlong” community as a sub-tribe of “Kuki” in entry 9 in the list of Scheduled Tribes in respect of State of Tripura. On the basis of recommendation of the State Government of Tripura, it is proposed to modify the list of Scheduled Tribes in respect of State of Tripura by amending the Constitution (Scheduled Tribes) Order, 1950.