What Happened
- The office of the Registrar General of India (RGI) has sought justification from the Bihar government for its 2019 proposal to grant Scheduled Tribe (ST) status to the Gangota community.
- Minister of State for Tribal Affairs, Durgadas Uikey, provided this information in a written response in the Lok Sabha.
- Bihar submitted the original proposal on 04.11.2019, accompanied by an ethnographic report, for inclusion of the Gangota community in the Scheduled Tribes list of Bihar.
- The RGI examined the proposal but did not support it; the RGI's comments were referred back to Bihar in February 2021, requesting justifications and additional information.
- The proposal remains pending — Bihar is yet to provide the required justification to the RGI before the process can advance to the National Commission for Scheduled Tribes (NCST) for concurrence.
Static Topic Bridges
Constitutional Framework for Scheduled Tribes — Article 342
Article 342 of the Indian Constitution confers on the President the power to specify communities as Scheduled Tribes (STs) for a state, after consultation with the Governor. Parliament can then include or exclude communities from the ST list through legislation.
- Article 342(1): President specifies STs for each state/UT by public notification, after consulting the state Governor.
- Article 342(2): Parliament can by law include or exclude communities from the ST list — this requires a constitutional amendment to the Constitution (Scheduled Tribes) Order, 1950.
- The President cannot independently alter the ST list once notified — legislative oversight (Parliament) is mandatory for any change, preventing politically motivated modifications.
- The ST list is state-specific: a community listed as ST in one state is not automatically ST in another.
- Constitutional safeguards for STs: Articles 15(4), 16(4) (reservations), 46 (DPSP — protect educational and economic interests), 275 (grants-in-aid for tribal welfare).
Connection to this news: Adding the Gangota community to Bihar's ST list would require Parliament to amend the Constitution (Scheduled Tribes) Order, 1950 — but that step can only begin after the RGI and NCST concur, making the process multi-stage and deliberately rigorous.
Process for Inclusion in the Scheduled Tribes List
The procedure for adding a community to the ST list is governed by established modalities to prevent misuse of reservations and ensure only genuinely tribal communities are included.
- Step 1: State Government/UT sends a proposal with an ethnographic report to the Ministry of Tribal Affairs.
- Step 2: Ministry refers the proposal to the Registrar General of India (RGI) — which examines the proposal against five Lokur Committee criteria (1965): (i) primitive traits, (ii) distinctive culture, (iii) geographical isolation, (iv) shyness of contact with the community at large, and (v) backwardness.
- Step 3: If RGI supports the proposal, it is referred to the National Commission for Scheduled Tribes (NCST) for concurrence.
- Step 4: If NCST concurs, the Central Government introduces a Bill in Parliament to amend the Constitution (Scheduled Tribes) Order, 1950.
- Step 5: Parliament passes the amendment; Presidential assent completes the process.
- The Anthropological Survey of India (ASI) sometimes provides inputs at the RGI stage for ethnographic verification.
Connection to this news: The Gangota case is stalled at Step 2 — the RGI did not support Bihar's initial proposal, and is seeking additional ethnographic and sociological justification before the process can advance. This illustrates why the ST list changes happen slowly.
Tribal Affairs — Key Constitutional and Legislative Provisions
India has multiple constitutional and legislative safeguards for Scheduled Tribes, rooted in the recognition of their historical marginalisation and the need to protect their land, culture, and autonomy.
- Fifth Schedule (Articles 244 and 244A): Governance of Scheduled Areas (tribal-dominated areas in states other than Assam, Meghalaya, Mizoram, Tripura); Governor's special powers; Tribes Advisory Council.
- Sixth Schedule (Articles 244 and 275): Autonomous District Councils in four NE states — Assam, Meghalaya, Mizoram, Tripura; provides legislative and judicial powers to tribal councils.
- PESA Act, 1996 (Panchayats Extension to Scheduled Areas): Extends Panchayati Raj to 5th Schedule areas; recognises gram sabha's powers over natural resources, minor minerals, and local traditions.
- Forest Rights Act (FRA), 2006: Recognises individual and community forest rights of Scheduled Tribes and Other Traditional Forest Dwellers.
- National Commission for Scheduled Tribes (NCST): Constitutional body under Article 338A; investigates matters relating to ST safeguards; its concurrence is mandatory in the ST inclusion process.
- Bihar does not have Fifth or Sixth Schedule areas — tribal communities in Bihar (like Santals, Mundas, Oraons) are protected through the central ST list and PESA where applicable.
Connection to this news: The Gangota community's bid highlights the intersection of state political priorities (Bihar government advocating for a community) and the constitutionally mandated multi-stage verification process designed to protect the integrity of the ST list.
Key Facts & Data
- Article 342: Presidential power to specify STs; Parliament can amend the list by law
- Gangota proposal submitted by Bihar: 04.11.2019
- RGI did not support the proposal; sent back for justification in February 2021
- Lokur Committee criteria (1965): 5 criteria — primitive traits, distinctive culture, geographical isolation, shyness of contact, backwardness
- Bodies involved: RGI, NCST (National Commission for Scheduled Tribes), Anthropological Survey of India
- NCST: Constitutional body under Article 338A
- Amendment vehicle: Constitution (Scheduled Tribes) Order, 1950
- Fifth Schedule: tribal areas in mainland India; Sixth Schedule: NE autonomous districts
- PESA Act 1996: Panchayati Raj to Scheduled Areas; Forest Rights Act 2006: tribal land and forest rights