Laxmikanth Test: Scheduled And Tribal Areas - UPSC MCQ

• Article 244 (1) of the Indian Constitution defines Scheduled Areas as the areas defined so by the President of India and are mentioned in the fifth schedule of the Constitution. In India, there are 10 states having scheduled areas. Article 244 deals with the Scheduled and Tribal Areas.
• The Fifth Schedule of the Constitution deals with the administration and control of scheduled areas and scheduled tribes in any state except the four states of Assam, Meghalaya, Tripura and Mizoram'. 

Neither of the statements is incorrect. Both statements describe the powers of the president to declare an area as a scheduled area and make changes to its boundaries or designation in consultation with the governor of the concerned state. These powers are usually granted to the president under the legal framework of a country, such as the Constitution or specific legislation, to protect and promote the welfare of marginalized or tribal populations living in these areas.

• The executive power of a state extends to the scheduled areas therein.
• But the governor has a special responsibility regarding such areas.
• He has to submit a report to the president regarding the administration of such areas, annually or whenever so required by the president.
• The executive power of the Centre extends to giving directions to the states regarding the administration of such areas.

Statement 1 is referring to the provisions of the Fifth Schedule of the Indian Constitution, which applies to the administration of scheduled areas and scheduled tribes in certain states. As per the Fifth Schedule, each state having scheduled areas has to establish a tribes advisory council to advise on the welfare and advancement of the scheduled tribes in the state.

Statement 2 is also correct. As per the provisions of the Fifth Schedule, the tribes advisory council is to consist of 20 members, two-thirds of whom are to be the representatives of the scheduled tribes in the state legislative assembly. The remaining one-third members are to be nominated by the governor of the state from among persons who, in his opinion, have knowledge of the matters relating to the welfare and advancement of the scheduled tribes in the state.

The governor is empowered to direct that any particular act of Parliament or the state legislature does not apply to a scheduled area or apply with specified modifications and exceptions. He can also make regulations for the peace and good government of a scheduled area after consulting the tribes advisory council.

They do not fall outside the executive authority of the state concerned.

• Sixth Schedule of the Indian Constitution: The Sixth Schedule of the Indian Constitution deals with the administration and control of Scheduled Areas and Scheduled Tribes in certain states.


• States covered: The Sixth Schedule applies to the states of Assam, Meghalaya, Tripura, and Mizoram.


• Administration: The provisions under the Sixth Schedule provide for the establishment of autonomous district councils in these states to administer areas inhabited by tribal communities.


• Empowerment: The Sixth Schedule is aimed at empowering the tribal communities and protecting their rights, customs, and traditions.


• Self-governance: The autonomous district councils created under the Sixth Schedule have the power to make laws on a range of subjects, including land, forests, and local governance.


• Protection: The Sixth Schedule also safeguards the land rights of the tribal communities and ensures their participation in decision-making processes.

Appointment and term of office
The term of the CEC can be a maximum of six years from the date on which he/she assumes his office. However, the CEC retires from office if he/she attains the age of sixty-five years before the expiry of the term.

As it is followed to remove the Judge of the Supreme Court.

No qualification has been fixed in the constitution to be appointed as election commissioner.