Article 339 of the Indian Constitution makes special provisions regarding the control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes. While Clause (1) deals with the appointment of a Commission to report on the administration of Scheduled Areas and the welfare of Scheduled Tribes, Clause (2) specifically grants the Union executive a significant power over the States concerning the welfare of Scheduled Tribes.
This particular clause is crucial for understanding the framework of Union-State relations in the context of tribal welfare and development. It provides a constitutional basis for the Union government to play an active role in guiding and ensuring the effective implementation of welfare measures for Scheduled Tribes by the respective State governments.
Original Text
Article 339(2) of the Indian Constitution reads:
The executive power of the Union shall extend to the giving of directions to a State as to the drawing up and execution of schemes specified in the direction to be essential for the welfare of the Scheduled Tribes in the State.
Detailed Explanation
Article 339(2) is a specific provision that constitutionally empowers the Union executive to issue directions to State governments. This is an extension of the Union’s executive authority, enabling it to intervene proactively in matters concerning the welfare of Scheduled Tribes within the States. The power conferred is quite broad, encompassing both the conceptualization (“drawing up”) and the practical implementation (“execution”) of welfare schemes.
The key condition for issuing such directions is that the Union must specify that the schemes are “essential for the welfare of the Scheduled Tribes” in that particular State. This implies that the Union assesses the needs of the Scheduled Tribes and identifies specific types of schemes or approaches that it deems necessary for their upliftment and well-being. The provision underscores the national importance attached to the welfare of Scheduled Tribes and provides the Union with a mechanism to ensure that State governments prioritize and effectively manage programs aimed at this vulnerable section of the population. It acts as a constitutional tool for the Union to ensure a certain standard or focus in tribal welfare administration across different States.
Detailed Notes
- Constitutional provision granting power to the Union executive.
- Extends the executive power of the Union.
- Power is directed towards States.
- Purpose: To give directions to a State.
- Subject matter of directions: Drawing up and execution of schemes.
- Nature of schemes: Must be specified in the direction by the Union.
- Essential criterion for schemes: Must be deemed essential for the welfare of the Scheduled Tribes in that State.
- Underpins the Union’s role in overseeing and guiding tribal welfare administration in States.
- Part of Part XVI of the Constitution (Special Provisions relating to Certain Classes).
- Complements Article 339(1) regarding the Commission’s role.
- Reflects the national responsibility for the welfare of Scheduled Tribes.
- The directions given under this clause are binding on the States, being issued under the executive power of the Union as extended by a specific constitutional provision.
Additional Comments
- This clause is an example of how the Constitution deviates from a strict federal structure to ensure national objectives, particularly social justice and welfare for vulnerable groups, are met.
- It serves as a crucial instrument for the Union government to push for specific welfare agendas or ensure minimum standards in tribal development programs across different States.
- While providing a strong power to the Union, its effective implementation depends on cooperative federalism and the nature of Union-State relations.
- Failure by a State to comply with directions issued under this article could potentially have implications under other constitutional provisions related to the Union’s power to issue directions (e.g., Article 365 in extreme cases, though this is a severe step).
Summary
Article 339(2) of the Indian Constitution empowers the Union executive to issue directions to State governments regarding the formulation and implementation of schemes deemed essential for the welfare of Scheduled Tribes within those States. This provision enhances the Union’s oversight and guidance role in tribal welfare administration, ensuring a focused approach towards the development and well-being of Scheduled Tribes across the country by constitutionally extending the Union’s executive power to this specific area of State responsibility.