Reorganising Denotified Tribes as SC, ST and OBC | 31 Jan 2025

For Prelims: Criterion for SC/ST/OBC Status, Constitution (Scheduled Castes) Order of 1950, Registrar General of India, Denotified Tribes (DNTs), Nomadic Tribes (NTs), Semi-Nomadic Tribes (SNTs), Development and Welfare Board for Denotified, Nomadic and Semi-Nomadic Communities (DWBDNC). 

For Mains: Issues Related to SCs & STs, Government Policies & Interventions, State of De-notified, Nomadic and Semi-nomadic Tribes in India. 

Source: TH 

Why in News? 

An ethnographic study by the Anthropological Survey of India (AnSI) and Tribal Research Institutes (TRIs) recommended the  inclusion of 179 Denotified Tribes (DNTs), Nomadic Tribes (NTs), and Semi-Nomadic Tribes (SNTs) in the SC, ST, and OBC lists of various states and union territories. 

  • The August 2022 study is under NITI Aayog panel review and awaits final approval. 

 Tribal Research Institutes (TRIs) 

  • About: TRIs are research bodies under the Ministry of Tribal Affairs, operating at the state level. There are 28 TRIs across India. 
  • Primary Focus: 
    • Knowledge and Research: Act as a think tank for tribal development. 
    • Cultural Heritage: Preserve and promote tribal culture and traditions. 
    • Evidence-Based Planning: Provide data and insights to state governments for tribal development policies and legislations. 
    • Capacity Building: Enhance the skills and capabilities of tribals and institutions working with tribal communities. 

Anthropological Survey of India (AnSI) 

  • AnSI is a government-funded research organization established in 1945 that studies the cultural, biological, and linguistic diversity of India. 
  • Functions: Collects, preserves, and publishes research data; conducts field surveys; and collaborates with international research bodies. 
  • Headquarters: Located in Kolkata, West Bengal. 

What are the Key Highlights of the Study on Denotified, Nomadic, and Semi-Nomadic Tribes? 

  • New Additions: Of the 179 recommended communities, 46 are proposed for OBC, 29 for SC, and 10 for ST status.  
    • Uttar Pradesh, Andhra Pradesh, Tamil Nadu, Madhya Pradesh, and Rajasthan are most impacted, with Uttar Pradesh having the highest number of proposed changes. 
  • Issues of Non-Traceability: 63 communities were "not traceable," suggesting they have assimilated, changed names, or migrated.  
    • This challenges the categorization process and raises concerns about identifying communities that have undergone significant social integration. 
  • Categorization of Existing Communities: The study also suggests correcting the categorization of 9 existing communities that were either misclassified or inadequately listed in state or central lists. 

What are the Procedure for Altering the SC/ST/OBC List in India? 

  • Inclusion Criteria: 
    • Scheduled Castes (SC): Extreme social, educational, and economic backwardness, often linked to the historical practice of untouchability. 
    • Scheduled Tribes (ST): Indications of primitive traits, distinct cultural practices, geographical isolation, and a general state of backwardness. 
    • Other Backward Classes (OBC): Social, educational, and economic backwardness, as well as inadequate representation in government services. 
  • Procedure: 
    • Initiation and Scrutiny: The proposal is first initiated by State Governments/UTs  for the inclusion or exclusion of a community in the SC/ST/OBC list which is then supported by the Registrar General of India (RGI) and the NCSC or NCST. 
      • Inclusion in the Central OBC list requires recommendations from the National Commission for Backward Classes (NCBC) as per Section 9 of the NCBC Act, 1993. 
      • Procedure for inclusion in the SC/ST category is governed by Article 341 (for SC) and Article 342 (for ST) of the Constitution. 
      • The proposal is scrutinized by the Ministry of Social Justice and Empowerment, which evaluates it based on socio-economic factors and historical data, with inputs from the RGI. 
      • Amendments to lists are subject to proposal reviews and approval by the Union Cabinet. 
    • Parliamentary Process: A Constitutional Amendment Bill is introduced in Parliament to formalize the proposed changes to the SC/ST/OBC list. 
      • The Bill requires a special majority, i.e., a two-thirds majority of members present and voting, along with the support of more than 50% of the total strength of the House. 
    • Presidential Assent and Implementation: After being passed by both Houses of Parliament, the Bill is sent to the President for assent. Once the President grants assent, the amendments to the SC/ST/OBC list are officially enacted. 

 Registrar General of India (RGI): 

  • Established in 1961 under the Ministry of Home Affairs, the RGI oversees the demographic surveys of India, including the Census and the Linguistic Survey of India. 

Who are DNTs, NTs, and SNTs? 

Click to Read: Denotified Tribes (DNTs), Nomadic Tribes (NTs), and Semi-Nomadic Tribes (SNTs) 

What are the Constitutional Provisions Related to SC, ST, and OBC in India? 

  • Fundamental Rights: 
    • Articles 17 and 23 prohibit untouchability and human trafficking, ensuring protection for SCs. 
    • Article 15(4) permits special provisions for the advancement in educational institutions. 
    • Article 16(4) provides for reservation in public employment. 
    • Political Representation: Article 330, Article 332 
  • Article 340, Article 341 & Article 342: 
    • Article 340: Authorizes the President to appoint a commission for investigating backward classes and recommending welfare measures. 
    • Article 341: Empowers the President to specify SCs for any state or union territory. 
    • Article 342: Empowers the President to specify STs for any state or union territory. 
  • Article 46: Article 46 directs the State to promote the educational and economic interests of SCs, STs, and other weaker sections of society. 
  • Article 338 and 338A: Establish the NCSC and NCST to safeguard the interests of SC/STs. 
  • National Commission for Backward Classes (NCBC): Established through the 102nd Constitutional Amendment Act (2018) under Article 338B. 
  • Special Administration for STs: Fifth Schedule and Sixth Schedule. 

 Drishti Mains Question: 

What are the constitutional safeguards and schemes available for the socio-economic upliftment of Scheduled Castes, Scheduled Tribes and Other Backward Classes in India? 

UPSC Civil Services Examination Previous Year Question (PYQ) 

Prelims: 

Q1. If a particular area is brought under the Fifth Schedule of the Constitution of India, which one of the following statements best reflects the consequence of it? (2022) 

(a) This would prevent the transfer of land of tribal people to non-tribal people. 
(b) This would create a local self-governing body in that area. 
(c) This would convert that area into a Union Territory. 
(d) The State having such areas would be declared a Special Category State. 

Ans: (a) 

Q2. Under which Schedule of the Constitution of India can the transfer of tribal land to private parties for mining be declared null and void? (2019) 

(a) Third Schedule 
(b) Fifth Schedule 
(c) Ninth Schedule 
(d) Twelfth Schedule 

Ans: (b) 

Mains: 

Q. Whether the National Commission for Scheduled Castes (NCSC) can enforce the implementation of constitutional reservation for the Scheduled Castes in the religious minority institutions? Examine. (2018)

Q. In 2001, RGI stated that Dalits who converted to Islam or Christianity are not a single ethnic group as they belong to different caste groups. Therefore, they cannot be included in the list of Scheduled Castes (SC) as per Clause (2) of Article 341, which requires a single ethnic group for inclusion. (2014)