President Murmu can utilise Articles 339 and 340 and also take recourse to Fifth Schedule to take initiatives for the welfare of STs
By Mallepalli Laxmaiah
“This is the most important of all the articles in the Constitution. It is like the heart of the Constitution. We are confined to reservations as far as depressed classes are concerned. This article talks about the other aspects. It gives scope to solve all the problems faced by the depressed classes. This has to be prepared in such a way that it gives actionable powers to the President of the Republic to enable him/her to implement it successfully.”
These were the comments of Pandit Thakur Das Bhargava in the Constituent Assembly when Babasaheb Ambedkar introduced the draft Article on 16 June 1948. Article 301 in the draft Constitution became Article 340 in the final form.
Article 340 says the President of the Republic can appoint a committee to study the social and educational status of SC, ST, BC and other backward classes. This committee would have the right to study other aspects of these communities and make suitable recommendations. Many ex-Presidents did not make use of this Article. The lone exception was Dr KR Narayanan. The credit for using the constitutional provision to study the welfare schemes meant for the backward classes goes to him.
Committee of Governors
In a meeting of Governors on July 12-13, 2000, Narayanan announced his decision to appoint a committee of seven Governors to study the budgetary allocations, expenditure and diversions made in the case of the welfare of SCs and STs. He also got the implementation of the SC, ST Atrocities (Prevention) Act examined.
PC Alexander, then Governor of Maharashtra, was the chairman of the committee while MM Jacob, Governor of Meghalaya, Sukhdev Singh Kang, Governor of Kerala, VS Rama Devi of Karnataka, Suraj Bhan of Himachal Pradesh, MM Rajendran of Odisha and Babu Parmanand of Haryana were members. The committee appointed on 8 August 2000 submitted its report to the President on 28 April 2001. Besides studying the social and educational problems faced by SCs and STs, the committee also examined budget allocations for their welfare and the way the SC, ST Atrocities (Prevention) Act was being implemented. Land allotment, education, housing, public health, occupational and business promotion schemes were also studied.
The committee made several recommendations regarding the development of the northeastern States. It was an extraordinary thing to have happened for the first time after independence. The Governors toured all the States and met ministers concerned, civil servants and public representatives. However, the NDA government under the leadership of the BJP did not act on the recommendations of the committee.
But the committee’s efforts did not go in vain. This became a formidable weapon in the hands of the organisations that worked for the welfare of SCs and STs. Many State governments took the recommendations seriously. The report was a leading light and a source of inspiration for the movement for SC, ST Sub Plan Act started in 2001 in Andhra Pradesh.
The NDA government, which took office in 1999, got a constitutional review done by a committee. President Narayanan was furious about the committee’s review. He not only expressed his displeasure but also set aside the speech prepared by the government and spoke from the notes that he wrote himself. He seriously found fault with the constitutional review.
Welfare Measures
There is a context now to refer to these matters. It was six months ago that Droupadi Murmu took over as President of the Indian Republic. She is in Hyderabad for the first time as part of her South India sojourn. The general perception of a President is that of a rubber stamp. But this impression is not entirely true. The President may not be able to do something against the wishes of the elected governments. But s/he can make use of Articles 339 and 340 of the Constitution and also take recourse to the Fifth Schedule which gives powers and authority to the President to take initiatives for the welfare of STs. President Narayanan used his powers under Article 340.
I am referring to all this with the hope that President Murmu who hails from the Santal community, one of the largest tribes in India, would emulate Narayanan’s wisdom and initiative. A constitutional commission according to clause one of Article 339 is already there. Clause two of the same Article gives powers to the President to formulate and review the welfare measures meant for STs. One of the important aspects of the clause says that the President can examine the way the welfare programmes are being implemented and give direction.
The Fifth Schedule contains the rights of STs which are meant to protect them. Let us examine the third item in part A of the Fifth Schedule. The areas where the STs live have to be recognised and notified as Scheduled Areas. It was stipulated that whenever the President asks for any information regarding the implementation of welfare schemes for STs, the State Governor shall provide such reports. It could be a yearly report or whenever the President wishes to know. That means the President can review any and every activity meant for the welfare of STs. S/he can give suitable advice.
Tribal Advisory Council
Similarly, the Tribal Advisory Council (TAC) under the fourth item of the Fifth Schedule (B) gives sweeping powers. Any development activities, project or legislation to be made to benefit the STs has to be approved by the TAC. The Constitution has stipulated certain guidelines for the constitution of the TAC. The number of TAC members should be one-fourth of the ST members in the Assembly and it should not exceed 20.
The TAC is expected to supervise the implementation of all the laws meant for STs and protect their rights given by the Constitution in the entire State. The tragedy, however, is that the TACs in most States are there for namesake. Many State governments do not take TACs into cognizance. The pitiable social and economic conditions in the country and the corporates taking up projects and mines in tribal areas make it clear that TACs are not being consulted.
In this context, the role of President Murmu becomes critical. Adivasis and progressive people hope that there would be some light in their lives if the President, who is the daughter of the forest and a quintessence Adivasi woman, makes use of all powers given by the Constitution for their welfare.
The powers that accrue from the Constitution do not apply in an individual capacity. They will be seen as representatives of the sections they belong to. Adivasis have remained backward due to increasing social and economic inequalities. If a high-powered committee studies the present state of affairs of the Adivasis and solves their contemporary issues, the fact that a woman of the roots like Murmu being elevated to an exalted position would be meaningful. The representation rightly given to the suppressed classes would be truly justified. Otherwise, Murmu’s name would remain on the list of ex-Presidents of India like the names of all others.