Parliament Enacts Changes to Scheduled Tribes List for Jammu and Kashmir and Ladakh

The Parliament of India recently passed The Constitution (Jammu and Kashmir) Scheduled Tribes Order (Amendment) Act, 2024, which received the assent of the President on February 12, 2024, and was published for general information on the same date, thereby coming into force immediately. This legislative instrument, designated as Act No. 3 of 2024, serves to further amend the Constitution (Jammu and Kashmir) Scheduled Tribes Order, 1989 (C.O. 142). The primary purpose of this amendment is to revise and update the list of Scheduled Tribes recognized within the Union Territories of Jammu and Kashmir and Ladakh. The Act introduces a new, comprehensive Schedule that replaces the existing one in the 1989 Order, delineating specific tribal communities for each Union Territory.

The key provision of the Act is the substitution of the entire Schedule of the 1989 Order. The legislation provided: “In the Constitution (Jammu and Kashmir) Scheduled Tribes Order, 1989, for the Schedule, the following Schedule shall be substituted, namely:” This substitution introduces two distinct parts to the Schedule. Part I lists the Scheduled Tribes for the Union Territory of Jammu and Kashmir, which now includes Bakarwal, Balti, Beda, Bot, Boto, Brokpa, Drokpa, Dard, Shin, Changpa, Gadda Brahmin, Gaddi, Garra, Gujjar, Koli, Mon, Paddari Tribe, Pahari Ethnic Group, Purigpa, and Sippi. Part II enumerates the Scheduled Tribes for the Union Territory of Ladakh, comprising Bakarwal, Balti, Beda, Bot, Boto, Brokpa, Drokpa, Dard, Shin, Changpa, Gaddi, Garra, Gujjar, Mon, Purigpa, and Sippi. This amendment directly affects these communities by formally recognizing their tribal status under the Constitution, thereby enabling them to access various statutory benefits and protections.

The legislative intent behind the 2024 Amendment Act is to address the evolving socio-political landscape and administrative restructuring of the region, particularly following the reorganization of the erstwhile State of Jammu and Kashmir into two Union Territories. The earlier legal position was governed by the 1989 Order, which listed Scheduled Tribes for the undivided state. The current amendment aims to rectify any statutory gaps or limitations that arose from this reorganization and to ensure that deserving communities are appropriately included in the Scheduled Tribes list for their respective Union Territories. By introducing new groups such as Gadda Brahmin, Koli, Paddari Tribe, and Pahari Ethnic Group into the list for the Union Territory of Jammu and Kashmir, the Act expands the scope of tribal recognition, reflecting a policy rationale to extend social justice and affirmative action to these communities. The Act does not explicitly detail enforcement mechanisms or statutory timelines beyond its immediate effect upon presidential assent and publication, nor does it refer to repealed provisions other than the substitution of the Schedule itself.

Keywords: Scheduled Tribes, Jammu and Kashmir, Ladakh, Constitution Amendment, Tribal Rights, Social Justice, India, Parliament, Legislative Department

Geo Tags: India, Jammu and Kashmir, Ladakh District: Not Applicable