Video Lecture
SCHEDULED & TRIBAL AREAS |
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CONSTITUTIONAL PROVISIONS
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• 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: – |
- Tribals areas in states of AMTM have been constituted as autonomous districts (ADs). These ADs fall under state executive authority.
- Governor can organize & reorganize the autonomous districts (ADs). Governor can even divide the ADs into several autonomous regions.
- 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.
- 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.
- 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.
- 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.
