Daily News Analysis

Assam ST Classification

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Assam is witnessing widespread unrest after a Group of Ministers (GoM) proposed a new three-tier classification within Scheduled Tribes (STs) to grant ST status to six communities.
While the proposal has addressed the long-standing demands of applicant groups, it has triggered strong opposition from existing tribal communities, leading to protests across the state.

Recommendations of Assam’s Group of Ministers on ST Classification

Three-Tier ST Structure

The GoM has recommended the creation of a three-tier structure within the Scheduled Tribes category, as outlined below:

ST (Plains)

The existing ST (Plains) category will continue for the present tribal communities living in the plains.
Additionally, the
Moran, Matak, and Koch Rajbongshi community of the undivided Goalpara district have been recommended for inclusion.
The GoM clarified that this inclusion would
not affect the existing benefits or entitlements of current ST (Plains) communities.

ST (Hills)

The ST (Hills) category will remain unchanged, and existing hill tribes will continue to enjoy their current status and benefits.

ST (Valley)

A new category, ST (Valley), has been proposed for the Ahom, Chutia, Tea Tribes, and Koch Rajbongshi (excluding those from the undivided Goalpara district).
This new category aims to address the demands of these communities without diluting the rights of existing ST groups.

Reservation Mechanism under the Proposal

The GoM stated that the three-tier structure would allow Assam to reorganise reservations without reducing existing entitlements of ST (Plains) and ST (Hills).
Separate reservation quotas would be applicable for
state government jobs and educational institutions.
However, for
central government services, all communities would continue to be part of a single unified ST list.
The GoM also noted that
Parliamentary approval through special legislation would be required to give statutory effect to this three-tier classification.

Constitutional Provisions Related to Scheduled Tribes

Definition of Scheduled Tribes

Article 366(25) of the Constitution defines Scheduled Tribes as those tribal communities recognised under Article 342.

Notification of Scheduled Tribes

Under Article 342, the President is empowered to notify Scheduled Tribes for each State or Union Territory, after consultation with the Governor.
Any subsequent
inclusion or exclusion from the ST list can be carried out only by Parliament through legislation, and not through executive orders.

Criteria for Identifying Scheduled Tribes

The Constitution does not specify criteria for identifying Scheduled Tribes.
In 1956, the government constituted the
Lokur Committee, which identified features such as primitive traits, distinct culture, geographical isolation, shyness of contact with the wider community, and social and economic backwardness as indicators of a tribe.
Historically, the
1931 Census referred to such communities as “backward tribes” living in excluded or partially excluded areas.

Judicial Position on ST Sub-Classification

In State of Punjab v. Davinder Singh (2024), the Supreme Court upheld the constitutional validity of sub-classifying Scheduled Castes and Scheduled Tribes.
The Court allowed States to create sub-groups within SCs and STs to ensure a
more equitable distribution of reservation benefits.

Constitutional Provisions on Reservation in Services

Article 16(4)

It empowers the State to provide reservation in public employment for backward classes that are inadequately represented in State services.

Article 46

It directs the State to promote the educational and economic interests of weaker sections, especially SCs and STs, and to protect them from social injustice and exploitation.

Article 335

It mandates that the claims of SCs and STs be considered in appointments to Union and State services, while also ensuring the efficiency of administration.


 


 

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