The Scheduled and Tribal Areas-Fifth and Sixth Schedule


The Scheduled and Tribal Areas-Fifth and Sixth Schedule

Article 244 in Part X of the Constitution deals with ‘scheduled areas’ and ‘tribal areas’.

[1] The provisions of the Fifth Schedule shall apply to the administration and control of the Scheduled Areas and Scheduled Tribes in any State other than the States of Assam, Meghalaya, Tripura and Mizoram.

[2] The provisions of the Sixth Schedule shall apply to the administration of the tribal areas in the States of Assam, Meghalaya, Tripura and Mizoram.

 

Fifth Schedule Article 244(1) —

Subject to the provisions of this Schedule, the executive power of a State extends to the Scheduled Areas therein.

The Governor of each State having Scheduled Areas therein shall annually, or whenever so required by the President, make a report to the President regarding the administration of the Scheduled Areas in that State and the executive power of the Union shall extend to the giving of directions to the State as to the administration of the said areas.

Each state having scheduled areas has to establish a tribes advisory council to advise on welfare and advancement of the scheduled tribes. It is to consist of 20 members, three-fourths of whom are to be the representatives of the scheduled tribes in the state legislative assembly.

It shall be the duty of the Tribes Advisory Council to advise on such matters pertaining to the welfare and advancement of the Scheduled Tribes in the State as may be referred to them by the Governor.

The Governor may by public notification direct that any particular Act of Parliament or of the Legislature of the State shall not apply to a Scheduled Area or any part thereof in the State or shall apply to a Scheduled Area or any part thereof in the State subject to such exceptions and modifications as he may specify in the notification.

The Governor may make regulations for the peace and good government of any area in a State which is for the time being a Scheduled Area.

Such regulation may—

[a] Prohibit or restrict the transfer of land by or among members of the Scheduled Tribes in such area;

[b] Regulate the allotment of land to members of the Scheduled Tribes in such area;

[c] Regulate the carrying on of business as money-lender by persons who lend money to members of the Scheduled Tribes in such area.

Scheduled Areas—

In the Indian Constitution, the expression Scheduled Areas means such areas as the President may by order declare to be Scheduled Areas.

The President may at any time by order—

[a] direct that the whole or any specified part of a Scheduled Area shall cease to be a Scheduled Area or a part of such an area;

[b] increase the area of any Scheduled Area in a State after consultation with the Governor of that State;

[c] alter, but only by way of rectification of boundaries, any Scheduled Area;

 

Sixth Schedule Article 244(2) and 275(1) —

Provisions as to the Administration of Tribal Areas in the States of Assam, Meghalaya, Tripura and Mizoram—

The tribal areas in the four states of Assam, Meghalaya, Tripura and Mizoram have been constituted as autonomous districts.

But, they do not fall outside the executive authority of the state concerned.

The governor is empowered to increase or decrease their areas or change their names or define their boundaries and so on.

There shall be a District Council for each autonomous district consisting of not more than thirty members, of whom not more than four persons shall be nominated by the Governor and the rest shall be elected on the basis of adult suffrage.

There shall be a separate Regional Council for each area constituted an autonomous region.

The Governor shall make rules for the first constitution of District Councils and Regional Councils in consultation with the existing tribal Councils or other representative tribal organisations within the autonomous districts or regions concerned, and such rules shall provide for—

[a] the composition of the District Councils and Regional Councils and the allocation of seats therein;

[b] the delimitation of territorial constituencies for the purpose of elections to those Councils;

[c] the qualifications for voting at such elections and the preparation of electoral rolls therefor;

[d] the qualifications for being elected at such elections as members of such Councils;

[e] the term of office of members of Regional Councils;

[f] any other matter relating to or connected with elections or nominations to such Councils;

[g] any other matter relating to or connected with elections or nominations to such Councils;

[h] any other matter relating to or connected with elections or nominations to such Councils;

[i] the procedure and the conduct of business in the District and Regional Councils;

[j] the appointment of officers and staff of the District and Regional Councils.

The elected members of the District Council shall hold office for a term of five years from the date appointed for the first meeting of the Council after the general elections to the Council.

The District or the Regional Council may after its first constitution make rules with the approval of the Governor.

The district and regional councils are empowered to assess and collect land revenue and to impose certain specified taxes.

The governor can appoint a commission to examine and report on any matter relating to the administration of the autonomous districts or regions.

He/she may dissolve a district or regional council on the recommendation of the commission.