CONSTITUTION (SCHEDULED TRIBES) ORDER (AMENDMENT) ACT, 2011 [REPEALED]

CONSTITUTION (SCHEDULED TRIBES) ORDER (AMENDMENT) ACT, 2011 [REPEALED]

Preamble - THE CONSTITUTION (SCHEDULED TRIBES) ORDER (AMENDMENT) ACT, 2011

THE CONSTITUTION (SCHEDULED TRIBES) ORDER (AMENDMENT) ACT, 2011

[Act No. 2 of 2012]

[8th January, 2012]

PREAMBLE

An Act further to amend the Constitution (Scheduled Tribes) Order, 1950 to modify the list of Scheduled Tribes in the States of Manipur and Arunachal Pradesh.

Be it enacted by Parliament in the Sixty-second Year of the Republic of India as follows:--

Section 1 - Short title

This Act may be called the Constitution (Scheduled Tribes) Order (Amendment) Act, 2011.

Section 2 - Amendment of Parts X and XVIII of Constitution (Scheduled Tribes) Order, 1950

In the Schedule to the Constitution (C.O. 22.) (Scheduled Tribes) Order, 1950,--

(a)      in Part X.?

(b)      Manipur,--

(i)       for entry 8, substitute--"8. Kabui, Inpui, Rongmei";

(ii)      for entry 9, substitute--"9. Kacha Naga, Liangmai, Zeme";

(iii)     for entry 10, substitute--"10. Koirao, Thangal";

(iv)    after entry 33, insert--"34. Mate";

(c)      in Part XVIII.?

(d)      Arunachal Pradesh,--for entry 5, substitute--"5. Galo".

Statement of Objects and Reasons ?

?CONSTITUTION (SCHEDULED TRIBES) ORDER (AMENDMENT) ACT, 2011

STATEMENT OF OBJECTS AND REASONS

1.             Clause (25) of article 366 of the Constitution defines "Scheduled Tribes" which means such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under article 342 to be Scheduled Tribes for the purposes of this Constitution.

2.             Article 342 of the Constitution provides that-

(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.

3.             The first list of Scheduled Tribes in Manipur was notified through the Constitution (Scheduled Tribes) (Part C States) Order, 1951. It had further been modified through the Scheduled Castes and Scheduled Tribes Lists (Modification) Order, 1956 and the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 2002. At present, there are 33 communities appearing in the list of the Schedule Tribes in Manipur.

4.             To fulfil a long standing demand for considering grant of Scheduled Tribes status to the Inpui, Rongmei, Liangmai, Zeme, Thangal and Mate communities in the State of Manipur, the entries at 8, 9 and 10 of the Scheduled Tribes' list in Manipur have to be amended and a new entry 34 is to be inserted to include these six communities.

5.             Before its creation as a State, Arunachal Pradesh was part of the State of Assam. "Galong" was listed as the Scheduled Tribes in the State of Assam by the Constitution (Scheduled Tribes) Order, 1950. After the creation of Arunachal Pradesh as a State, "Galong" community was mentioned in the list of the Scheduled Tribes in Arunachal Pradesh at entry 5 by the North Eastern Areas (Reorganisation) Act, 1971. Currently 16 numbers of communities exist in the list of the Scheduled Tribes in Arunachal Pradesh including "Galong".

6.             The Government of Arunachal Pradesh has been recommending for long that the name "Galo" be substituted in place of "Galong" in the list of the Scheduled Tribes in the State since "Galong" is a distorted version of the original word "Galo". A change is, therefore, required in the list of Scheduled Tribes in Arunachal Pradesh in as much as in place of the existing entry "Galong", the name "Galo" is to be inserted in order to enable the "Galo" community to be listed by its correct name.

7.             The Bill seeks to achieve the aforesaid objectives.