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Article 342 Of Indian Constitution In English
Article 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 PART XVII OFFICIAL LANGUAGE CHAPTER I LANGUAGE OF THE UNION.
Article 342 In English
342 Article – scheduled tribe.
(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 or groups of tribes or tribal communities. can. shall, for the purposes of this Constitution, be deemed to be a Scheduled Tribe in relation to that State or Union Territory, as the case may be.
(2) Parliament may by law include or exclude from the list of Scheduled Tribes, any tribe or tribal community or part or group of any tribe or tribal community referred to in a notification issued under clause (1), but other than the notification aforesaid Any subsequent notification issued under the said section Part XVII Official Language of the Union shall not differ by Chapter I.
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What Is Article 342 Of Indian Constitution?
Article 342 Debate Summary
Draft Article 300B (Article 342 of Article 1950 of the Constitution of India) was absent in the draft Constitution 1948. The Chairman of the Drafting Committee introduced this provision on 17 September 1949. The draft Article empowered the President to specify tribes or tribal communities, which would be classified as ‘ Scheduled Tribes under the Constitution.
The President was allowed to exercise this power after consulting the Governor of the State through public notification. The draft Article also gave the Parliament the power to include or exclude any tribe or tribal community by notification of the President through law. Like the earlier article, the Chairman of the Drafting Committee introduced this article to ensure that the Constitution does not become burdened with a long list of Scheduled Castes and Scheduled Tribes.
A member moved an amendment stating that the first Presidential notification specifying communities as ‘Scheduled Tribes’ should remain the same for a period of 10 years. This will ensure that the rights of the community are not arbitrarily taken away by the executive or the legislature. Another member passed an amendment to ensure that the state legislature, on the approval of Parliament, could also include or exclude tribes from the list.
Both the amendments were rejected by the assembly and the draft article was added to the constitution on the same day after some minor changes. This article was amended in 1956 to change the process of notification issued by the President.
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