Legally Speaking

Parliament Passed Amendment To Constitution, Scheduled Tribes Order To Add Certain Chhattisgarh Communities In ST List

The Rajya Sabha passed the Constitution (Scheduled Tribes) Order (the Fifth Amendment) Bill, 2022 to amend the Constitution (Schedule Tribes) Order, 1950 for inclusion of certain communities in the list of Schedule Tribes of Chhattisgarh. The bill is passed in the Lok Sabha in the month of December 2022.
Therefore, two castes are added namely Dhanuhar, Dhanuwar, Kisan, Saundra Saonra and Binjhia communities to the said list and it also included the three Devanagari versions of the Pando community.
The bill passed also stated that the State Government of Chhattisgarh has recommended to modify the list of the Scheduled Tribes to amend the Constitution, the Scheduled Tribes Order, 1950.
It has also been stated that as per Article 342 (1) of the Constitution of India, the President may, after consultation with the Governor of the State, 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 of India be deemed to be Scheduled Tribes in relation
to that State.
The Bill stated that the Parliament may by 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.
It has also been stated that as per the provisions stated under Article 342 of the Constitution, the first list of the Scheduled Tribes was notified on 6th September, 1950 in respect of various States and Union territories, vide the Constitution (Scheduled Tribes) Order, 1950. The said list needs to be modified
from time to time.

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