Constitutional Justice and the Impact of Development-Induced Displacement on Tribal Communities

Abstract

The intersection of constitutional justice and development-induced displacement presents a critical challenge in contemporary India, particularly for its tribal populations. Historically, tribal communities have maintained a deep-rooted connection with their ancestral lands, forests, and traditional livelihoods. However, post-independence development strategies, especially from the 1950s onward, have prioritized industrialization, infrastructure expansion, and resource extraction— at the cost of displacing indigenous populations from their native territories. Despite constitutional provisions under the Fifth and Sixth Schedules, along with protective legislation such as the Forest Rights Act (2006) and the Panchayats (Extension to
the Scheduled Areas) Act (1996), tribal communities continue to face systemic marginalization and violations of their rights. This study investigates the gap between constitutional promises and ground realities, analysing how legal and institutional mechanisms have responded to the recurring tension between development goals and tribal rights. The objectives of the study are to trace the historical context of tribal displacement in India; and to evaluate the effectiveness of constitutional and legal safeguards; The significance of the study lies in its holistic approach to understanding displacement not merely as a socio-economic issue, but as a constitutional justice concern rooted in equity, dignity, and democratic participation. The outcome of the
research reveals that while there have been progressive judicial pronouncements and policy innovations, implementation remains inconsistent. The paper concludes with the constitutional vision of justice for all, especially for India's most vulnerable populations.