SCHEDULED & TRIBAL AREAS

SCHEDULED & TRIBAL AREAS

 

 

 

CONSTITUTIONAL PROVISIONS

 

•         Article 244 in Part X envisages special system of administration for ‘Scheduled Areas’ & ‘Tribal Areas’.

•         5th Schedule deals with administration & control of scheduled areas & scheduled tribes in any state except 4 states of Assam, Meghalaya, Tripura & Mizoram. (AMTM)

•         6th Schedule deals with administration of tribal areas in 4 NE states of Assam, Meghalaya, Tripura & Mizoram. (NOT MANIPUR)

 

ADMINISTRATION OF SCHEDULED AREAS (5th Schedule)

Because of different socio-economic profile of scheduled areas these areas need special attention & Central Government has greater responsibility for such areas.

 

Features of administration as per 5th Schedule:
Declaration of Scheduled Areas (SAs) •         President can declare & make changes in its area & boundary in consultation with Governor of state.
Executive Power of State & Centre •         State Executive power extends but Governor has special responsibility. Governor submits report to President regarding administration of such areas. Centre can give direction to states for such areas.
Tribes Advisory Council (TAC) – 20 members body •         State has to establish TAC to advise on welfare measures. Consist of 20 members, 3/4th of whom are to be the representatives of STs in SLA. State having STs but no SAs can have TAC if President directs.
Law applicable to SAs •         Governor directs if any Central or State Acts apply to such area or with any modification. Governor can make regulation for peace & good government of SAs after consulting TAC.

 

President as per Constitutional obligation appoints a commission to report on administration of SAs & welfare of STs in states. Two such Commissions has been appointed – U N Dhebar (1960) & Dilip Singh Bhuria Committee (2002).

 

At present (2019), ten states of India have scheduled areas. These are: Andhra Pradesh, Telangana, Jharkhand, Chhattisgarh, Gujarat, Himachal Pradesh, Madhya Pradesh, Maharashtra, Odisha and Rajasthan.

 

ADMINISTRATION OF TRIBAL AREAS (6th Schedule):
  • 6th Schedule of Constitution provides for administration of tribal areas in 4 NE states of Assam, Meghalaya, Tripura & Mizoram (AMTM) – NOT Manipur.
  • Such arrangements have been made to protect the culture, customs & civilizations of peoples of such areas who still have not assimilated the life of majorities in such areas.

 

FEATURES OF ADMINISTRATION AS PER 6TH SCHEDULE: –
  1. Tribals areas in states of AMTM have been constituted as autonomous districts (ADs). These ADs fall under state executive authority.
  2. Governor can organize & reorganize the autonomous districts (ADs). Governor can even divide the ADs into several autonomous regions.
  3. Each ADs have District Council of 30 members for 5-year term. (26 elected + 4 nominated by Governor). Each autonomous region has separate regional council.
  4. Powers & Functions of District & Regional Councils: –
  • District & Regional Council administer the areas under their jurisdiction. They can make laws on certain matters like land, forests, canal water, inter alia, but such laws require Governor assent.
  • District & Regional Council can constitute Village Councils/ courts for trial of suits & cases between tribes. Jurisdiction of High Courts over such suits & cases is specified by Governor.
  • District Council can establish primary schools, dispensaries, markets, ferries, roads in the district. It can also make regulations for control of money lending & trading by non-Tribals. But such regulations require assent of Governor.
  • They are empowered to assess & collect land revenue & to impose certain specified taxes.
  1. Central or State Acts do not apply to autonomous districts & autonomous regions or apply with specified modifications & exceptions. Governor directs in case of Assam for both Central & State Acts. President directs in case of Meghalaya, Tripura & Mizoram for Central Acts & Governor in respect of State Acts.
  2. Governor can appoint a commission to examine & report on any matter relating to administration of autonomous regions & can even dissolve District & Regional Council on recommendation of such commission.