Editor,
When the Ministry of Home Affairs (MHA) states, “Yobin is also a notified ST in Arunachal Pradesh,” many are confused, for they do no see Yobin listed by name in the Constitution (ST) Orders, 1950, PART XVIII, nor in later amendments. (Ref: MHA/RGI File No 28/1/2017-ss (Public Grievance)/75)
The confusion is real. Recently, the APPSC ‘rejected’ a Yobin candidate from the APST category. The stated reason was that Yobin is not listed in the Constitution and in later amendments. However, the commission has corrected itself and rightfully began allowing Yobin APST candidates again.
It is interesting to learn that not only by an Act of Parliament (Art 342.2), but the president has the power to directly order tribes or communities of tribes to be scheduled as STs in accordance the Article 342(1). And that is what happened – the Constitution (ST) Orders, 1950, and part XVIII, regarding Arunachal Pradesh.
Wherever the STs are listed by their ‘individual ST’ names, there is no room for confusion. But the ones that call for keen observance are the ones like “All tribes of the state, including…”, “any Naga”, “any lushai”, “any kuki”, “any Mizo,” and so on in the Constitution.
The IAS Legacy Academy, Bengaluru, made an apt presentation about Yobin ST validity & constitutionality. Their grasp of the matter at one go is brilliant. No wonder the academy ranks among the top-10 and produce IAS officers! Worth checking out at: https://youtu.be/ k53CFZYE2zw?si= BFFYojL4SKGkuL90
It is also genuinely asked, including of officers, as to why there is no official notification of Yobin ST signed by the top offices of the state, like the chief secretary. Why didn’t it appear in the extraordinary gazette? But strange as it may seem, the truth is, if Yobin’s ST is notified by the state, it will be cancelled immediately because the power to notify any ST rests solely with the president of the nation.
However, Yobin is already ‘notified ST’, as stated by the MHA, for it is already in the Part XVIII: “All tribes including…”.
After several glitches regarding the Yobin ST matter, the MoTA, The ORGI, and the NCST gave directions to the state government to issue STCs and benefits to members of the Yobin community as per Constitution ST Orders 1950, Part XVIII, which was duly processed by the commissioner of SJETA on 5 December, 2018 and jointly executed by the CM, DCM, the CS, DC Changlang, ADC Miao at Vijaynagar on the 7 December, 2018.
It was not the SJETA which authorized the ST to the Yobin community, but it executed the directions of the MoTA, NCST, GoI.
Now, Arunachal ST is a matter of presidential ST orders which no one must tinker with. ST amendments that followed were no new additions. They were only name – corrections and separation into individual STs from the existing groups; that is why we all should be grateful to the benevolence of the president of our nation, extended even when our state was not easily accessible in the 1950s.
Many may not be aware, but it is not permitted even to enquire, much less decide, as to who is included and who is not included in the presidential ST orders, even when a tribe is not specifically mentioned by name. This task is not given to the state or the courts.
The Supreme Court judgement of 28 November, 2000 [appeal (civil) 2294 of 1986] is clearly pertinent here. It reads: “It is not at all permissible to hold any enquiry or let in any evidence to decide or declare that any tribe or tribal community or part of or group within any tribe or tribal community is included in the general name, even though it is not specifically mentioned in the concerned entry in the Constitution (Scheduled Tribes) Order, 1950.”
It continued to point no 4: “It is not open to state governments or courts or tribunals or any other authority to modify, amend or alter the list of scheduled tribes specified in the notification issued under Clause (1) of Article 342. 5.”
Now, if some authorities choose to disregard these rules, he/she will have to face the proceedings/hearing provided to safeguard the STs of the country under Article 338A of the Constitution India. The presidential order is a serious entity and to be esteemed.
The solution to this common erroneous take of the Constitution is to get the tribe amended to their individual ST names. For by-name ST list of Arunachal Pradesh, the CM has already approved the Yobin ST amendment on 24 March, 2000, where ‘Yobin’ appears at Sl No 20.
The Yobin tribe continues to request our pro-people government that ST amendment be soon taken up actively, so that all these confusions would be put behind and the tribe can rest from this need to tell everyone that we are also a tribe of the state.
It is also extremely urgent that the Yobin tribe, which inhabits the frontier district of this frontier state, has a constitutional identity by name, rather than being one among the tribes of the state, so that possible political exploitations can be averted in these geo-politically strategic border areas. Jai Hind!
Avia Ngwazah,
General Secretary,
Yobin Fundamental Rights Forum, Miao