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Constitutional and Legislative Framework
5A. Constitutional Provisions
Article 342: Empowers the President, in consultation with the Governor of each state, to specify Scheduled Tribes. The 2026 list for Rajasthan includes 12 tribes. Parliament may by law add to or exclude from the list — any inclusion/exclusion requires a constitutional amendment or presidential notification.
Fifth Schedule: Covers administration of "Scheduled Areas" — areas with significant tribal population. Key provisions:
- Tribes Advisory Council (TAC): Every state with Scheduled Areas must have a TAC of ST representatives, chaired by the Chief Minister. Rajasthan's TAC advises on legislation affecting tribal welfare.
- Governor's special powers: The Governor can direct that a parliamentary or state law does not apply to the Scheduled Area, or apply it with modifications.
- Rajasthan's Scheduled Areas: Banswara district (fully), Dungarpur district (fully), and parts of Udaipur, Sirohi, Rajsamand, Pratapgarh, and Baran.
Article 244: Administration of Scheduled Areas per the Fifth Schedule.
Articles 15(4) and 46: Article 15(4) permits special provisions for backward classes including STs. Article 46 directs the state to promote educational and economic interests of the weaker sections with special care for SCs and STs.
Article 338A: Establishes the National Commission for Scheduled Tribes (NCST), which oversees implementation of tribal welfare legislation.
5B. PESA Act 1996
The Panchayats (Extension to Scheduled Areas) Act, 1996 — commonly called PESA — extends Panchayati Raj to Scheduled Areas while protecting tribal customary law. Key provisions applicable to Rajasthan's Scheduled Areas:
| Provision | Details |
|---|---|
| Gram Sabha supremacy | Gram Sabha must approve all development plans; can reject projects that displace tribals |
| Land alienation | Gram Sabha must be consulted on any alienation of tribal land |
| Minor Forest Produce (MFP) | Gram Sabha has ownership rights over MFP — mahua, tendu, gum, honey |
| Money lending | States must prohibit exploitation by money-lenders in Scheduled Areas |
| Customary law | Gram Sabha can manage and preserve customs and traditions |
| Liquor regulation | Gram Sabha can prohibit or regulate sale of intoxicants |
Source: PESA Act, 1996 (Act No. 40 of 1996), Ministry of Panchayati Raj
Rajasthan enacted the Rajasthan Panchayati Raj Act, 1994, amended post-PESA to incorporate tribal Gram Sabha provisions. However, implementation has been uneven — a 2019 CAG report noted that only 34% of Rajasthan's Scheduled Area Gram Sabhas had been formally empowered under PESA provisions.
5C. Forest Rights Act 2006
The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (effective 1 January 2008) is the most significant recent legislation for tribal land security. Key provisions:
- Individual Forest Rights (IFR): Each tribal household in occupation of forest land before 13 December 2005 can claim title for up to 4 hectares
- Community Forest Rights (CFR): Communities can claim rights over traditionally used forest areas for grazing, collection of NTFPs, and management
- Critical Wildlife Habitat (CWH): Tribals can be relocated from Critical Wildlife Habitats only with free, prior, informed consent and resettlement
Rajasthan's implementation (2023–24 data):
- Claims received: approximately 2.14 lakh individual claims and 5,200 community claims
- Claims titled: approximately 1.28 lakh individual titles distributed, covering ~2.6 lakh hectares
- Rejection rate: ~40% of individual claims rejected (high compared to national average of ~35%), primarily due to lack of documentary evidence
5D. Tribal Sub-Plan / Scheduled Tribe Component
The Tribal Sub-Plan (TSP) — renamed Scheduled Tribe Component (STC) by the Planning Commission (2011) — mandates that state budget allocations across all sectors must include an ST-proportionate share (13.48% for Rajasthan). In practice:
- Rajasthan's STC outlay 2024–25: approximately ₹18,000 crore (across all state departments)
- This covers education (model residential schools — Ekalavya schools, ashram schools), health (mobile health units for tribal areas), livelihood, and infrastructure
- Eklavya Model Residential Schools (EMRS): Centrally sponsored, one per block with ≥50% ST population. Rajasthan has 73 operational EMRS as of 2024–25 (Ministry of Tribal Affairs data)