The Constitution of India
Article 339
Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes
(1) The President may at any time and shall, at the expiration of ten years from the commencement of this Constitution by order appoint a Commission to report on the administration of the Scheduled Areas and the welfare of the Scheduled Tribes in the States .
The order may define the composition, powers and procedure of the Commission and may contain such incidental or ancillary provisions as the President may consider necessary or desirable.
(2) The executive power of the Union shall extend to the giving of directions to a State as to the drawing up and execution of schemes specified in the direction to be essential for the welfare of the Scheduled Tribes in the State.
Why this exists
Scheduled Areas and Scheduled Tribes were historically isolated, economically disadvantaged, and administratively neglected. The Constitution-makers wanted the Union to keep a watchful eye over how States governed these areas and treated these communities, since tribal welfare was seen as a national responsibility, not just a State matter. Article 339 gives the Union both an oversight tool (the periodic commission) and a direct power (issuing binding directions on welfare schemes) to ensure States don't neglect their tribal populations.
Common misconceptions
- Myth: The commission under Article 339 is optional and can be skipped by the President.
Fact: The President 'may' appoint it anytime, but the Constitution says it 'shall' be appointed once ten years pass from the Constitution's commencement — that part is mandatory. - Myth: Article 339 directions to States are just advice States can ignore.
Fact: Clause (2) gives this as a specific executive power of the Union to give directions, making it a binding instruction to the State for essential tribal welfare schemes, not a mere suggestion.