Constitutional Safeguards and Identity of Scheduled Tribes
Indian Polity & Governance
- PYQs8
- Articles1
Background
This concept is central to understanding India's constitutional framework for social justice, secularism, and the protection of minority rights. It involves legal interpretation, the balance between religious freedom and identity, and the challenges faced by vulnerable communities in maintaining their distinct cultural and social fabric. Relevant for GS-II (Polity, Social Justice).
The Constitution of India provides special safeguards for Scheduled Tribes (STs) to protect their unique identity, culture, and ensure their socio-economic development. Unlike Scheduled Castes, the constitutional and legal framework for STs does not link their identity to religion, upholding the principle that tribal identity is based on ethnic and community kinship ties.
Facts & tables
- Presidential Order of 1950
- Links SC status to religion (excluding non-Hindu/Sikh/Buddhist), but this principle does not apply to STs.
- Patna High Court (1963) Ruling
- Ruled that tribal identity is not religion-based, an Oraon remains an Oraon regardless of religion. This remains the governing legal precedent.
- Article 25
- Guarantees freedom of conscience and the right to freely profess, practice, and propagate religion, applicable to Adivasis.
- Demand for Delisting
- Organizations advocate for delisting Christian Adivasis from ST status, arguing they lose their original beliefs, challenging constitutional principles.
| Aspect | Scheduled Castes (SC) | Scheduled Tribes (ST) |
|---|---|---|
| Identity Link to Religion | Historically linked by Presidential Order 1950 (originally Hindu, later Sikh/Buddhist) | Not linked to religion by Constitution or law |
| Constitutional Benefits | Available to those professing Hinduism, Sikhism, or Buddhism | Available irrespective of religious profession |
| Legal Precedent | Presidential Order 1950 upheld by SC | Patna HC (1963) ruled tribal identity is not religion-based |
| Type | Reference |
|---|---|
| Conceptual area | Constitutional & Statutory Bodies |
| Conceptual area | Federal Structure & Centre-State Relations |
| Body | Role |
|---|---|
| Supreme Court of India | Interprets and upholds constitutional principles |
| Patna High Court | Established legal precedent on tribal identity |
Prelims angle
Prelims angle: Statement-based questions
Prelims angle: Factual recall
- ST identity is not religion-based, unlike SCs (Presidential Order 1950).
- Patna HC (1963) affirmed tribal identity based on kinship, not religion.
- Article 25 guarantees religious freedom for Adivasis.
- Attempts to delist Christian Adivasis challenge these principles.
- Demand for separate Census column for Adivasi faiths.
Check if created by Constitution or by Parliament.
| Year | Framing tags |
|---|---|
| 2024 | Definition-based questions, Institutional roles and functions |
| 2023 | Statement-based questions, Conceptual understanding |
| 2023 | Factual recall, Conceptual understanding |
| 2021 | Conceptual understanding, Factual recall |
| 2021 | Conceptual understanding, Factual recall |
| 2021 | Statement-based questions, Factual recall |
| 2019 | Factual recall, Conceptual understanding |
| 2017 | Factual recall, Conceptual understanding |
Timeline
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Constitutional & Statutory Bodies
Conceptual area
-
Federal Structure & Centre-State Relations
Conceptual area
-
Prelims 2017
Factual recall, Conceptual understanding
-
Prelims 2019
Factual recall, Conceptual understanding
-
Prelims 2021
Conceptual understanding, Factual recall
-
Prelims 2021
Conceptual understanding, Factual recall
-
Prelims 2021
Statement-based questions, Factual recall
-
Prelims 2023
Statement-based questions, Conceptual understanding
-
Prelims 2023
Factual recall, Conceptual understanding
-
Prelims 2024
Definition-based questions, Institutional roles and functions
-
The majoritarian shadow over Adivasi identity, faith
ST identity is constitutionally distinct from SC identity, not being tied to religion. Legal precedents affirm that conversion does not negate tribal status, upholding Article 25. Attempts to delist Christian Adivasis challenge these foundational principles.
See also
No related topics linked yet.
Past papers
2017–2024 · 8 questions
In the news
The majoritarian shadow over Adivasi identity, faith
ST identity is constitutionally distinct from SC identity, not being tied to religion. Legal precedents affirm that conversion does not negate tribal status, upholding Article 25. Attempts to delist Christian Adivasis challenge these foundational principles.
Try these PYQs
Consider the following statements in respect of Bharat Ratna and Padma Awards:
1. Bharat Ratna and Padma Awards are titles under the Article 18(1) of the Constitution of India.
2. Padma Awards, which were instituted in the year 1954, were suspended only once.
3. The number of Bharat Ratna Awards is restricted to a maximum of five in a particular year.
Which of the above statements are not correct?
Statement 1 is incorrect: The national awards such as Bharat Ratna, Padma Vibhushan, Padma Bhushan, and Padma Shri do not amount to titles within the meaning of Article 18(1) of the Constitution. Statement 2 is incorrect: Padma awards were instituted in the year 1954 and have been suspended in years 1978, 1979, 1993, and 1997. Statement 3 is incorrect: Although there is a general guideline to limit the Bharat Ratna to three recipients per year, this rule has been exceeded twice: In 1999, four awards were conferred (Jayaprakash Narayan, Amartya Sen, Gopinath Bordoloi, and Ravi Shankar) and in 2024, Five awards were conferred (M.S. Swaminathan, P.V. Narasimha Rao, Chaudhary Charan Singh, Karpoori Thakur, and L.K. Advani).
Which one of the following objectives is not embodied in the Preamble to the Constitution of India?
The Preamble of the Indian Constitution guarantees justice, liberty, equality, and fraternity, but economic liberty is not explicitly mentioned. It specifically ensures liberty of thought, expression, belief, faith, and worship, but does not directly state economic freedom. However, various constitutional provisions, such as those related to Fundamental Rights (Part III) and Directive Principles of State Policy (Part IV), promote economic activities and social justice, indirectly contributing to economic freedom. Yet, since economic liberty is not explicitly stated in the Preamble, it is not one of the guaranteed liberties under it.
A Writ of Prohibition is an order issued by the Supreme Court or High Courts to :
Writ of Prohibition: * It is a judicial order issued by a higher court (Supreme Court or High Court) to a lower court or tribunal. * It prevents the lower court from exceeding its jurisdiction or acting contrary to law. * Purpose: To stop ongoing proceedings in a case where the lower court lacks jurisdiction or violates legal procedures. * Nature: It is preventive, ensuring the lower court does not act unlawfully rather than correcting a wrong decision after it has occurred. * Example: If a tribunal starts hearing a case that legally falls under the jurisdiction of a civil court, the Writ of Prohibition can halt such proceedings. * Comparison with Certiorari: Prohibition is issued before judgment to stop proceedings, whereas Certiorari is issued after judgment to quash orders passed unlawfully.
Which Article of the Constitution of India safeguards one’s right to marry the person of one’s choice?
Article 21: This article states that "No person shall be deprived of his life or personal liberty except according to procedure established by law." Over the years, the Supreme Court of India has expanded the scope of personal liberty to include various fundamental rights, including the right to marry a person of one's choice. Shamima Begum vs. State of Assam (2018): The court ruled that a woman has the right to marry a person of her choice, reinforcing that personal decisions related to marriage fall under individual autonomy and personal liberty as guaranteed by Article 21. Hadiya's case (Shafin Jahan vs. Asokan K.M): The Supreme Court upheld the right to marry as a fundamental right under Article 21. It ruled that an adult woman is free to make decisions regarding her marriage, rejecting attempts to interfere in personal choices. The court emphasized that state or societal disapproval cannot restrict an individual’s right to marry.
Consider the following statements:
Statement-I: The Supreme Court of India has held in some judgements that the reservation policies made under Article 16(4) of the Constitution of India would be limited by Article 335 for maintenance of efficiency of the administration.
Statement-II: Article 335 of the Constitution of India defines the term 'efficiency of administration'.
Which one of the following is correct in respect of the above statements?
* Statement I is correct: It has frequently been argued that reservation is contrary to efficiency and merit. Even the Supreme Court of India appeared to have agreed with this argument in some of its judgments, holding that Article 335 mention of the term efficiency of administration will limit the scope of Article 16(4) provision for reservation in services. * Statement II is incorrect: Article 335 of the Constitution of India states that the claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State. * Article 335 of the Indian Constitution only mentions the efficiency of administration and does not define the same.
Show 3 more PYQs
In India, which one of the following Constitutional Amendments was widely believed to be enacted to overcome the judicial interpretations of the Fundamental Rights?
* The First Amendment Act, of 1951, added the fourth clause to Article 15 that empowered the government to make any law for the upliftment of socially and educationally backward classes of citizens or the Scheduled Castes and Scheduled * Tribes. The added clause elucidates that in case such special provisions are introduced, they cannot be said to be breaching Article 15 and Article 29(2) of the Constitution. * The need to insert this clause was felt after the decision of the Supreme Court in the State of Madras v. Srimathi Champakam (1951). According to the facts of this case, the Madras government issued an Order that provided reservation on the grounds of religion, race, and caste. This Order was contended to be in breach of Article 15(1) of the Indian Constitution. The Court also gave a literal interpretation to the constitutional provisions and held that reserving seats in public institutions for backward classes violates Articles 15(1) and 29(2). Therefore, to nullify the effect of similar judicial pronouncements, Article 15 was amended. * Similarly, Article 19(1)(a) grants the right to free speech and expression to Indian citizens. This right is considered an essential feature of democracy. However, Article 19(2) specifies the restrictions that can curtail this freedom. The First Amendment to the Indian Constitution altered these restrictions by widening their ambit. The second change, via the Amendment Act of 1951, was made to Clause 6 of Article 19. Note: UPSC deleted this question when the final answer key was issued.
‘Right to privacy’ is protected under which Article of the Constitution of India?
The right to privacy in India is not explicitly mentioned in a single article of the Constitution. However, it is considered an intrinsic part of the fundamental right to life and liberty guaranteed under Article 21. This recognition came about through a landmark Supreme Court judgment in 2017, K.S. Puttaswamy (Retd) vs Union of India. The court ruled that the right to privacy is an inseparable part of the right to life and personal liberty, and is protected under Article 21.
A legislation which confers on the executive or administrative authority an unguided and uncontrolled discretionary power in the matter of application of law violates which one of the following Articles of the Constitution of India?
* The legislation described would violate Article 14 of the Indian Constitution. * Article 14 guarantees Equality Before Law and Equal Protection of Laws. This means that laws must be applied fairly and consistently, and everyone should be treated equally under the law. * Legislation that gives unchecked power to the executive or administration to apply the law violates this principle. Option B is incorrect. Article 28 is related to the right to freedom of religion. Option C is incorrect. Article 32 confers the right to remedies for the enforcement of the fundamental rights of an aggrieved citizen. Article 32 affirms the right to move the Supreme Court if a fundamental right is violated. Under this article, the Supreme Court can issue writs for the enforcement of any of the fundamental rights of the citizens. Option D is incorrect. Article 44 provides for one of the Directive Principles of State Policy. Article 44 says that the State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.