NEWS

• The Karnataka government is set to resend its proposal to the Union government for including the Kuruba community in the Scheduled Tribes (ST) list.
• This revives the debate on the criteria and procedures for designating communities as Scheduled Tribes.

HIGHLIGHTS

Constitutional Basis

• Article 342: Empowers the President to notify a community as ST for any state/UT.
• Communities so notified are listed in the Presidential Order, 1950.
• Unlike Scheduled Castes, which are religion-specific, the ST list is religion-neutral.

Criteria for Inclusion

• No explicit constitutional definition.
• Historically, criteria evolved from the 1931 Census “primitive tribes” list and 1935 Act’s “backward tribes.”
• The Lokur Committee (1965) outlined parameters:
  1. Primitive traits
  2. Distinctive culture
  3. Geographical isolation
  4. Shyness of contact with wider society
  5. Backwardness
• Tribes assimilated with the general population were excluded.

Parliamentary & Procedural Process

• States/UTs recommend inclusion/exclusion.
• Union Ministry of Tribal Affairs forwards to:
  • National Commission for Scheduled Tribes (NCST)
  • Registrar General of India (RGI), in consultation with experts like the Anthropological Survey of India.
• On approval, the Union government introduces a Constitutional Amendment Bill in Parliament.
• Passage requires a special majority in both Houses (two-thirds present & voting, and >50% of total membership).

Affirmative Action Entitlements

• Communities in the ST list get reservations in education, government jobs, and local bodies.
• Political representation: reserved seats in Lok Sabha and State Assemblies for SCs and STs (not for OBCs).

Significance

• The inclusion of communities like Kurubas reflects ongoing demands for recognition and affirmative action.
• The process underscores the delicate balance between constitutional safeguards, social justice, and empirical evaluation of backwardness.