MEMBERS' REFERENCE SERVICE LARRDIS

LOK SABHA SECRETARIAT NEW DELHI

LE GISLATIVE NOTE

For the use of Members of Parliament NOT FOR PUBLICATION

No.13/LN/Ref./November/2019

For the use of Members of Pa

THE CONSTITUTION (SCHEDULED TRIBES) ORDER (SECOND AMENDMENT) BILL, 2019

ources indicated at the end/in the text. T his Service does not accept any responsibility for the accuracy or

Prepared by Shri Sham Lal Dogra, Joint Director of Lok Sabha Secretariat and Smt. Kusum Rawat, Additional Director (23035036) and under the supervision of Shri Naushad Alam, Director and Shri R.C.Tiwari, Joint Secretary.

The Legislative Note is for personal use of the Members in the discharge of their Parliamentary duties, and is not for publication. This Service is not to be quoted as the source of information as it is based on the sources indicated at the end/in the context.

THE CONSTITUTION (SCHEDULED TRIBES) ORDER (SECOND AMENDMENT) BILL1, 2019

Introduction

The Bill seeks to further amend the Constitution (Scheduled Tribes) Order, 1950 to modify the list of the Scheduled Tribes in the State of . After enactment by the Parliament, this Act may be called the Constitution (Scheduled Tribes) Order (Second Amendment) Act, 2019. The Bill seeks to achieve number of objectives2 relating to the rights of Tribal Communities.

Salient Features of the Bill  The Constitution (Scheduled Tribes) Order (Second Amendment) Bill, 2019 was introduced in Rajya Sabha on January 9, 2019 by the Minister of Tribal Affairs, Mr. Jual Oram.  The Constitution (Scheduled Tribes) Order, 1950, specifies the tribal and tribal communities which are deemed to be Scheduled Tribes. The Bill amends Part VI of the Order which specifies the Scheduled Tribes in Karnataka.  It amends the Order by substituting: (i) “, Nayaka” with “Naikda, Nayaka (including Parivara and Talawara)” in entry 38, and (ii) “ (in Uttar Kannada district)” with “Siddi (in Belagavi, Dharwad and Uttar Kannada districts)” in entry 50.

References:  http://164.100.47.4/billstexts/rsbilltexts/AsIntroduced/ST%20II%20order-RS%20Int-E- 9%201%2019.pdf

1 The Constitution (Scheduled Tribes) Order (Second Amendment) Bill was introduced in Rajya Sabha on 9 January 2019 by the Minister of Tribal Affairs, Shri Jual Oram. The Bill is pending in Rajya Sabha.

2 For Objects and Reasons of the Bill, please see Annexure.

Annexure

STATEMENT OF OBJECTS AND REASONS

Scheduled Tribes have been defined in clause (25) of article 366 of the Constitution as „„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 as under: — „„342. Scheduled Tribes.— (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 group 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. In accordance with the provision of article 342 of the Constitution, the first list of Scheduled Tribes in respect of State of Karnataka (the then State of Mysore) was notified, vide the Constitution (Scheduled Tribes) Order, 1950. List of Scheduled Tribes of State of Karnataka has been modified through the Scheduled Castes and Scheduled Tribes Order (Amendment) Act, 1956, the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976, the Constitution (Scheduled Tribes) Order (Second Amendment) Act, 1991, the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 2002 and the Constitution (Scheduled Tribes) Order (Amendment) Act, 2012. 4. At present, there are one hundred and six numbers of communities and synonyms appearing in the list of Scheduled Tribes of the State of Karnataka. 5. On the basis of recommendation of State of Karnataka, it has been decided for inclusion of communities, namely: (i) „„Parivara” and “Talawara” at entry 38 as synonyms of “Nayaka” and (ii) „„Siddi‟‟ community of Dharwad and Belagavi districts alongwith existing „Siddi‟ Community of Uttar Kannada district at entry 50 in the list of Scheduled Tribes of the State of Karnataka. Therefore, it is proposed to amend PART-XI of the Schedule to the Constitution (Scheduled Tribes) Order, 1950 relating to the State of Karnataka to grant Scheduled Tribes status to the said communities. 6. The Bill seeks to achieve the aforesaid objects.

NEW DELHI; JUAL ORAM The 8th January, 2019.

LIST OF SCHEDULED TRIBES IN THE STATE OF KARNATAKA

1. Adiyan 2. 3. Bavacha, 4. Bhil, , Dholi Bhil, Dungri Bhil, , , Rawal Bhil, , , , , , Vasave 5. Chenchu, Chenchwar 6. Chodhara 7. , Talavia, Halpati 8. , Gamta, Gavit, Mavchi, Padvi, Valvi 9. Gond, Naikpod, Rajgond 10.Gowdalu 11.Hakkipikki 12.Hasalaru 13.Irular 14.Iruliga 15.Jenu Kuruba 16.Kadu Kuruba 17.Kammara (in South Kanara district and Kollegal taluk of Mysore district) 18.Kaniyan, Kanyan (in Kollegal taluk of Mysore district) 19.Kathodi, Katkari, Dhor Kathodi, Dhor Katkari, Son Kathodi, Son Katkari 20.Kattunayakan 21.Kokna, Kokni, Kukna 22.Koli Dhor, Tokre Koli, Kolcha, Kolgha 23.Konda Kapus 24.Koraga 25.Kota 26., Bhine Koya, Rajkoya 27.Kudiya, Melakudi 28.Kuruba (in Coorg district) 29.Kurumans 30.Maha Malasar 31.Malaikudi 32.Malasar 33.Malayekandi 34.Maleru 35.Maratha (in Coorg district) 36.Marati (in south Kanara district) 37.Meda, Medara, Medari, Gauriga, Burud 38.Naikda, Nayaka, Cholivala Nayaka, Kapadia Nayaka, Mota Nayaka, Nana Nayaka, Naik, Nayak, Beda, Bedar, and Valmiki. 39.Palliyan 40.Paniyan 41.Pardhi, Advichincher, Phanse Pardhi, Haranshikari 42.Patelia 43.Rathawa 44.Sholaga 45.Soligaru 46.Toda 47.Varli 48.Vitolia, Kotwalia, Barodia 49.Yerava 50.Siddi (in Uttar Kannada district)

Source: https://tribal.nic.in/ST/LatestListofScheduledtribes.pdf Page 5