Scheduled and Tribal Areas
Article 244
- Part X of the Constitution provides a special system of administration for 'scheduled areas' and 'tribal areas'.
- Fifth Schedule: Administration and control of scheduled areas and tribes in any state except Assam, Meghalaya, Tripura, and Mizoram.
- Sixth Schedule: Administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram.
Administration of Scheduled Areas
- Scheduled areas are treated differently due to the presence of socially and economically backward 'aboriginals'.
- Special efforts are needed to improve their condition.
- Normal administrative machinery is not fully extended to scheduled areas.
- The Central government has greater responsibility for these areas.
- Currently, ten states in India have scheduled areas: Andhra Pradesh, Telangana, Jharkhand, Chhattisgarh, Gujarat, Himachal Pradesh, Madhya Pradesh, Maharashtra, Odisha, and Rajasthan.
Features of Administration (Fifth Schedule):
Declaration of Scheduled Areas:
- The President can declare an area as a scheduled area, increase/decrease its area, alter boundaries, or rescind/redesignate areas, after consulting with the Governor.
- Criteria for declaration (not explicitly in the Constitution, but well-established):
- Preponderance of tribal population.
- Compactness and reasonable size.
- Viable administrative entity (District, Block, Taluk).
- Economic backwardness compared to neighboring areas.
Executive Power of State and Centre:
- State's executive power extends to scheduled areas.
- Governor has special responsibility and must submit a report to the President annually or when required.
Tribes Advisory Council:
- Each state with scheduled areas must establish a Tribes Advisory Council.
- Consists of 20 members, with 3/4ths being representatives of scheduled tribes in the state legislative assembly.
- A similar council can be established in states with scheduled tribes but no scheduled areas if directed by the President.
Law Applicable to Scheduled Areas:
- The Governor can direct that any act of Parliament or the state legislature does not apply or applies with modifications/exceptions to a scheduled area.
- The Governor can make regulations for peace and good government after consulting the Tribes Advisory Council.
- Such regulations may:
- Prohibit or restrict land transfer among scheduled tribes.
- Regulate land allotment to scheduled tribes.
- Regulate money-lending in relation to scheduled tribes.
- Regulations may repeal or amend any act of Parliament or state legislature applicable to a scheduled area.
- All regulations require the President's assent.
- The Constitution mandates the President to appoint a commission to report on the administration of scheduled areas and the welfare of scheduled tribes.
- Such a commission can be appointed anytime, but compulsorily after ten years from the Constitution's commencement.
- A commission was appointed in 1960 (headed by U.N. Dhebar; report in 1961).
- The second commission was appointed in 2002 (headed by Dilip Singh Bhuria; report in 2004).
Administration of Tribal Areas (Sixth Schedule)
- Special provisions exist for the administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram.
- Rationality: Tribes in these states have not assimilated with other populations and maintain their unique culture, customs, and civilization.
Key Features of the Sixth Schedule:
- Autonomous Districts: Tribal areas in Assam, Meghalaya, Tripura, and Mizoram are constituted as autonomous districts but remain under the state's executive authority.
- Governor's Power: The Governor can organize and reorganize the autonomous districts, including altering areas, names, and boundaries.
- Autonomous Regions: If there are different tribes in an autonomous district, the Governor can divide the district into several autonomous regions.
- District Councils: Each autonomous district has a district council of 30 members (4 nominated by the Governor, 26 elected by adult franchise). Elected members serve for five years. Each autonomous region also has a separate regional council.
- Council Powers: District and regional councils administer their areas and can make laws on land, forests, canal water, shifting cultivation, village administration, inheritance, marriage, social customs, etc., subject to the Governor's assent.
- Village Councils and Courts: District and regional councils can constitute village councils/courts for trials between tribes and hear appeals. The High Court's jurisdiction is specified by the Governor.
- Developmental Powers: The district council can establish/manage primary schools, dispensaries, markets, ferries, fisheries, roads, etc., and regulate money lending/trading by non-tribals (with the Governor's assent).
- Financial Powers: District and regional councils can assess/collect land revenue and impose specified taxes.
- Applicability of Laws: Acts of Parliament or the State Legislature may not apply or may apply with specified modifications/exceptions to autonomous districts and regions.
- Commission and Dissolution: The Governor can appoint a commission to examine and report on the administration of autonomous districts/regions and may dissolve a district/regional council based on the commission's recommendation.
Table 42.1: Tribal Areas at a Glance
| States | Tribal Areas |
|---|---|
| Assam | 1. North Cachar Hills District 2. Karbi Anglong District 3. Bodoland Territorial Areas District |
| Meghalaya | 1. Khasi Hills District 2. Jaintia Hills District 3. Garo Hills District |
| Tripura | Tripura Tribal Areas District |
| Mizoram | 1. Chakma District 2. Mara District 3. Lai District |
Table 42.2: Articles Related to Scheduled and Tribal Areas at a Glance
| Article No. | Subject-matter |
|---|---|
| 244 | Administration of Scheduled Areas and Tribal Areas |
| 244A | Formation of an autonomous state comprising certain tribal areas in Assam and creation of local legislature or Council of Ministers or both therefore |
| 339 | Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes |