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Article 342

Presidential Notification and Parliamentary Specification of Scheduled Tribes

Official heading: “Scheduled Tribes”

Check this article against the official editionAwaiting human legal review
Source edition
The Constitution of India (as on 1 May 2026)
Source locator
Part XVI, Article 342, printed pages 202–203
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Not yet checked
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1. In One Sentence

Provides that the President specifies Scheduled Tribes by public notification for each State, and only Parliament can by law include or exclude tribes from the list.

2. What It Means in Everyday Language

Article 342 establishes the exclusive constitutional process for notifying and maintaining the official list of Scheduled Tribes (ST).

Under clause (1), the President, after consultation with the Governor of the concerned State, issues a public notification specifying the tribes or tribal communities deemed to be Scheduled Tribes for that State or Union territory.

Under clause (2), only Parliament possesses legislative authority to modify the Scheduled Tribes list. No subsequent executive notification, state government circular, or judicial decree can expand or contract the list.

ST status is territorial: a tribal community notified as a Scheduled Tribe in State A carries that constitutional status only within State A, unless also notified in State B.

3. Practical Illustrative Example

Everyday Scenario:

A tribal advocacy group campaigns to have an indigenous forest community included in the Central Scheduled Tribes list.

Core takeaway: Under Article 342(2), inclusion requires Parliament to enact a formal amendment to the Constitution (Scheduled Tribes) Order.
Illustrative Notice: State governments can conduct ethnographic studies and recommend inclusions, but have no constitutional authority to grant ST status unilaterally.

4. Important Limits, Qualifications & Exceptions

Article 342 provides an exhaustive, centralized legal definition for Scheduled Tribes.

  • Presidential notification: Issued per State/UT following gubernatorial consultation.
  • Plenary Parliamentary control: Any subsequent inclusion or exclusion requires an Act of Parliament.
  • Territorial relativity: Scheduled Tribe recognition is specific to the notified State or Union territory.

5. Operative Constitutional Text

(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.
Transcription for reference; compare with the linked official editionNot yet verified by a human legal reviewer

6. Sources & Historical Assembly Deliberations

Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.

Sources & Citation Metadata
  • •
    Constitutional TextThe Constitution of India (as on 1 May 2026)Cited PDF page
    Government of India (Legislative Department, Ministry of Law and Justice) • Part XVI, Article 342, printed pages 202–203 • Human source-link check pending

    Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.

Human legal review is pending; compare the text with the cited editionNon-partisan educational resource

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