SCHEDULED AND TRIBAL AREAS
- Article 244 in Part X of the Constitution envisages a special system of administration for certain areas designated as 'scheduled areas’ 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.
- The Sixth Schedule of the Constitution, on the other hand, deals with the administration of the tribal areas in the four northeastern states of Assam, Meghalaya, Tripura and Mizoram.
ADMINISTRATION OF SCHEDULED AREAS
The various features of administration contained in the Fifth Schedule areas follows:
1. Declaration of Scheduled Areas: The president is empowered to declare an area to be a scheduled area. He can also increase or decrease its area,
2. Executive Power of State and Centre: 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,
3. Tribes Advisory Council: Each state having scheduled areas has to establish a tribes advisory council to advise on welfare and advancement of the scheduled tribes.
4. Law applicable to Scheduled Areas: 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.
- The Constitution requires the president to appoint a commission to reporton the administration of the scheduled areas and the welfare of the scheduled tribes in the states. He can appoint such a commission at any time but compulsorily after ten years of the commencement of the Constitution.
ADMINISTRATION OF TRIBAL AREAS
The various features of administration contained in the Sixth Schedule areas follows:
- The governor is empowered to organise and re-organise the autonomous districts. Thus, he can increase or decrease their areas or change their names or define their boundaries and so on.
- The district and regional councils administer the areas under their jurisdiction. They can make laws on certain specified matters like land, forests, canal water, shifting cultivation, village administration, inheritance of property, marriage and divorce, social customs and so on.
- 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 may dissolve a district or regional council on the recommendation of the commission.