Q. Consider the following statements :
1. It is the Governor of the State who recognizes and declares any community of that Sates as a Scheduled Tribe.
2. A community declared as a Scheduled Tribe in a State need not be so in another State.
Which of the statements given above is/are correct?
Exp) Option b is the correct answer.
Statement 1 is incorrect. According to Article 342 of the Constitution of India, the President (not the Governor of the state) may, with respect to any State or Union territory, after consultation with the Governor of the state specify the community who is deemed to be scheduled tribes in relation to that state or Union Territory.
Statement 2 is correct. Supreme Court of India has clarified through various judgements that a community declared as Scheduled Tribe on one state need not to be so in another state.
Source: Laxmikant
https://cdnbbsr.s3waas.gov.in/s380537a945c7aaa788ccfcdf1b99b5d8f/uploads/2023/05/2023050195.pdf (Constitution Bare Act-Article 342)
https://socialjustice.gov.in/writereaddata/UploadFile/guide-certificate636017830879050722.pdf
https://www.deccanherald.com/india/st-of-one-state-can’t-claim-benefits-of-job-education-or-land-in-another-sc-1068347.html
