Introduction & Summary
The Indian Constitution provides for special administrative frameworks for certain areas with a predominant Scheduled Tribe (ST) population, recognizing their distinct cultures, customs, and traditional ways of life. Part X (Articles 244 and 244A) and the Fifth and Sixth Schedules detail these provisions, aiming to protect STs from exploitation, preserve their identity, and ensure their participation in governance.
The Fifth Schedule governs Scheduled Areas in ten states, primarily through the Governor's special powers and Tribes Advisory Councils, while the Sixth Schedule grants greater autonomy to Tribal Areas in Assam, Meghalaya, Tripura, and Mizoram through Autonomous District and Regional Councils, demonstrating a nuanced approach to tribal self-governance within the Indian federal structure.
Rationale for Special Provisions
The constitutional framers recognized the unique socio-economic, cultural, and linguistic characteristics of tribal communities, necessitating a protective and empowering framework.
Protection of Culture & Customs
To safeguard their distinct way of life, customary laws, and traditions from assimilation or disruption.
Prevention of Exploitation
To protect tribal land, resources, and people from exploitation (e.g., land alienation, usurious money-lending) by outsiders.
Ensuring Self-Governance & Participation
To enable tribal communities to govern themselves according to their traditions and participate in their own development processes.
Speedy & Tailored Development
To facilitate targeted development initiatives that are culturally sensitive and specifically address their unique needs.
Source: M. Laxmikanth; Dhebar Commission Report, 1960.
Administration of Scheduled Areas (Fifth Schedule)
Key Provisions & Features
- Article 244(1): Deals with administration of Scheduled Areas.
- Applicability: 10 states (all except Assam, Meghalaya, Tripura, Mizoram).
- Andhra Pradesh, Telangana, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan.
- Declaration & Alteration: President declares any area as Scheduled Area. Can increase/decrease area, alter boundaries, rescind orders in consultation with Governor.
- Executive Power: State's executive power extends to Scheduled Areas. Governor has special responsibility and submits annual report to President. Union can give directions to the State.
Key Administrative Bodies & Powers
- Establishment: Mandatory for each state having Scheduled Areas. President can direct for states with STs but no SA.
- Composition: Not more than 20 members; about 3/4th shall be ST representatives in State Legislative Assembly.
- Duty: Advisory role on matters pertaining to welfare and advancement of STs in the State, as referred by Governor.
- Law Application: Governor may direct that any Act of Parliament or State Legislature shall not apply to a Scheduled Area or apply with modifications/exceptions.
- Regulation Making: Governor can make regulations for peace and good government of any Scheduled Area, after consulting TAC. Such regulations may:
- Prohibit/restrict transfer of land by/among STs.
- Regulate allotment of land to STs.
- Regulate business of money-lending to STs.
- President's Assent: Regulations made by Governor require President's assent to be effective.
- Background: Enacted under Article 243M, based on Bhuria Committee recommendations (1995).
- Impact: Extends Part IX (Panchayats) of the Constitution to Fifth Schedule Areas with modifications.
- Empowerment: Aims to empower Gram Sabhas with significant powers, including ownership of minor forest produce, mandatory consultation for land acquisition, recommendations for minor minerals, and control over local plans, fostering grassroots self-governance.
Administration of Tribal Areas (Sixth Schedule)
Applicability & Structure
- Article 244(2): Deals with administration of Tribal Areas in specific North-Eastern states.
- Applicability: Four North-Eastern states (Assam, Meghalaya, Tripura, Mizoram - AMTM).
- Greater Autonomy: These provisions grant a greater degree of autonomy to tribal communities compared to the Fifth Schedule.
- Autonomous Districts & Regions:
- Tribal areas constituted as autonomous districts. Governor organises/reorganises them.
- If different STs in an autonomous district, Governor can divide it into autonomous regions.
Autonomous District & Regional Councils (ADCs/RCs)
Each autonomous district has a District Council, and each autonomous region has a Regional Council. These are corporate bodies.
- Not more than 30 members.
- Not more than 4 nominated by Governor, rest elected by adult suffrage.
- Term of 5 years (unless dissolved earlier).
Legislative Powers:
- Make laws on land, forests (other than reserved), water courses, shifting cultivation, village/town administration (including police, public health, sanitation), inheritance, marriage/divorce, social customs.
- Laws require Governor's assent.
Executive Powers:
- Establish/manage primary schools, dispensaries, markets, ferries, fisheries, roads.
Judicial Powers:
- Constitute village councils/courts for trial of suits/cases between STs.
- Hears appeals from them. High Court jurisdiction specified by Governor.
Financial Powers:
- Levy and collect certain taxes (e.g., land revenue, taxes on professions, vehicles, animals, entry of goods into market, tolls).
- Share in royalties from mineral licenses. Prepare budget.
Regulatory Powers:
- Regulate money-lending and trading by non-tribals.
Article 244A & Current Councils
- Article 244A: Empowers Parliament to form an autonomous State (e.g., Meghalaya) comprising certain tribal areas within Assam, with its own Legislature or Council of Ministers.
- Current Autonomous Councils (10):
- Assam: Dima Hasao (formerly North Cachar Hills), Karbi Anglong, Bodoland Territorial Council (BTC).
- Meghalaya: Garo Hills, Jaintia Hills, Khasi Hills.
- Tripura: Tripura Tribal Areas.
- Mizoram: Chakma, Mara, Lai.
Difference between Fifth & Sixth Schedule Provisions
| Feature | Fifth Schedule (Scheduled Areas) | Sixth Schedule (Tribal Areas) |
|---|---|---|
| Applicability | 10 States (excluding AMTM). | 4 North-Eastern States (Assam, Meghalaya, Tripura, Mizoram - AMTM). |
| Degree of Autonomy | Less autonomy; State Legislature has power (Governor can modify laws). | Greater autonomy; Autonomous District/Regional Councils have legislative, executive, judicial powers. |
| Administrative Machinery | Tribes Advisory Council (TAC) to advise Governor. No elected autonomous bodies. | Autonomous District Councils (ADCs) and Regional Councils (elected bodies). |
| Legislative Powers | Governor can apply/modify central/state laws; Governor can make regulations (with President's assent). | ADCs/Regional Councils can make laws on specified matters (e.g., land, forests, social customs) with Governor's assent. |
| Judicial Powers | No specific judicial bodies under Schedule. Ordinary courts apply. | ADCs/Regional Councils can constitute village courts for tribal cases. |
| Financial Powers | No direct taxation powers for TACs. State laws apply. | ADCs/Regional Councils have powers to levy and collect certain taxes and share in mineral royalties. |
Source: M. Laxmikanth.
Issues & Challenges in Administration
Implementation Gaps
Many states have not framed proper rules or shown political will for genuine devolution of powers (PESA, Sixth Schedule ADCs).
Land Alienation & Exploitation
Despite protective provisions, tribal lands continue to face alienation due to mining, infrastructure, and industrial development.
Conflict with Traditional Governance
Modern electoral systems (PESA) sometimes clash with traditional tribal self-governance structures and customary laws.
Financial & Capacity Issues
ADCs and Panchayats often lack adequate financial resources, qualified personnel, and face issues of transparency.
Overlapping Jurisdictions
Ambiguity in powers between councils/Gram Sabhas and state government, and conflicts with other central/state laws (e.g., FRA implementation).
Current Affairs & Recent Developments
The constitutional provisions for Scheduled and Tribal Areas remain at the forefront of policy, development, and legal discourse.
Test Your Knowledge & Practice
UPSC CSE 2022:
With reference to the Scheduled Areas in India, consider the following statements:
- Within a State, the notification of an area as a Scheduled Area takes place through an order of the President.
- The largest administrative unit forming the Scheduled Area is the District and the lowest is the cluster of villages in the Block.
- The Chief Ministers of the concerned States are required to submit annual reports to the Union Home Ministry on the administration of Scheduled Areas in their States.
Which of the statements given above are correct?
(a) 1 only
(b) 1 and 2 only
(c) 2 and 3 only
(d) 1, 2 and 3
Answer: (a)
Hint: Statement 1 is correct (President declares SA). Statement 2 is incorrect (no such specific definition for administrative units in Fifth Schedule, it refers to districts or blocks). Statement 3 is incorrect (Governor submits annual reports to the President, not CM to Home Ministry).
Original MCQ 1:
Consider the following statements regarding the Fifth Schedule of the Constitution of India:
- The President is empowered to declare any area as a Scheduled Area.
- The Governor of a state having a Scheduled Area is required to submit an annual report to the Union Home Minister on the administration of such area.
- Regulations made by the Governor for the peace and good government of a Scheduled Area require the assent of the President to have effect.
Which of the statements given above are correct?
(a) 1 only
(b) 1 and 2 only
(c) 1 and 3 only
(d) 1, 2 and 3
Answer: (c)
Explanation: Statement 1 is correct. Statement 2 is incorrect (report to President). Statement 3 is correct.
UPSC CSE 2019 (15 marks):
"The local self-government system in India has evolved from a purely administrative structure to a more democratic and participatory one. Discuss how the 73rd and 74th Constitutional Amendments have transformed it, while also highlighting the challenges in its effective functioning."
Direction: Link to the Fifth Schedule by discussing the PESA Act, 1996, as an extension of the 73rd Amendment to Scheduled Areas. Highlight PESA's aim for democratic decentralization to tribal areas with modifications, and discuss unique implementation challenges (e.g., conflict with traditional laws, land alienation).
Original Descriptive Question 1 (15 marks):
"The special provisions for the administration of Scheduled and Tribal Areas in the Indian Constitution represent a unique attempt to reconcile the principles of national integration with the imperative of protecting tribal identity and promoting self-governance." Elaborate on the distinct administrative frameworks provided under the Fifth and Sixth Schedules, and critically analyze the persistent challenges in achieving their intended objectives.
Key Points/Structure: Introduction (rationale, constitutional basis). Distinct Frameworks (Fifth Schedule: Applicability, features, PESA interface; Sixth Schedule: Applicability, greater autonomy, ADCs/RCs powers, Art 244A). Persistent Challenges (implementation gaps, land alienation, conflict with traditional systems, funding, overlapping jurisdictions, etc.). Conclusion (effectiveness limited by challenges, need for commitment).