Scheduled And Tribal Areas UPSC Notes | EduRev

Indian Polity for UPSC CSE

UPSC : Scheduled And Tribal Areas UPSC Notes | EduRev

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Introduction
Article 244 in Part X of the Constitution has special provisions for administration of certain areas designated as “scheduled areas” and “Tribal areas”. The areas under the Fifth schedule deals with the administration and control of scheduled areas and scheduled tribes in all states except for the four states of Assam, Tripura, Meghalaya and Mizoram. While the Sixth schedule deals with the administration of the tribal areas of  Assam, Tripura, Meghalaya and Mizoram. 

Q. Why Scheduled areas are treated differently from the other areas in the country?

Ans. This is because they are inhabited by the ‘aboriginals’ who are socially and economically rather backwards, and needs affirmative actions to improve their conditions. Therefore the administrative machinery which works in the normal state doesn’t extend to the scheduled areas and central government has a greater responsibility in dealing with these areas.

Provisions under schedule 5
In 2016, 10 states of India had scheduled areas these include Andhra Pradesh, Telangana, Jharkhand, Chhattisgarh, Gujarat, Himachal Pradesh, Madhya Pradesh, Maharashtra, Orissa and Rajasthan. The various provisions of administration in the Fifth schedule area are as follows:- 

  • The President is empowered to declare any such area as scheduled area. He can also alter the boundary of these areas by either increasing it or decreasing the areas in consultation with the governor of the concerned state. 
  • Powers of State and Centre: The executive power of a state extends to the scheduled areas in the state. But the governor has special power with regard to such areas. He had 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 scheduled areas. 
  • The governor has the power to direct that any particular act of Parliament or the state legislature doesn’t apply to a scheduled area or apply with certain modifications. He can also make rules for the peace and good governance of these areas after consulting with the tribe advisory council. Such regulations by the governor have an immense impact such as regulation to prohibit or restrict the transfer of land by or among members of the scheduled tribes. Also, a regulation has the power to repeal or amend any act of Parliament or the State Legislature, which is applicable to scheduled areas. But all such regulations require the assent of the President. 
  • Tribe Advisory Council (Composition and work): States having scheduled areas have to establish a tribe advisory council to advise on the subject of welfare and advancement of the scheduled tribes. It consists of 20 members, out of which three-fourths are to be the representative of the scheduled tribes in the state legislative assembly. A similar council can be established in a state having schedules tribes but not scheduled areas if the President directs. 
  • The Constitution requires the President to establish a commission to report on the administration of scheduled areas and scheduled tribes in the states. He can appoint such a commission at any time but it’s compulsory to constitute one after 10 years of the commencement of the Indian Constitution. Therefore in 1960s U.N. Dhebar Commission was established. In 2002 another commission was established under the chairmanship of Dilip Singh Bhuria.

Provisions under schedule 6
The Constitution under this schedule contains special provisions for the administration of tribal areas in the four north-eastern states of Assam, Tripura, Meghalaya and Mizoram. The causes behind special provision for this state was – the tribes in these four states haven’t much assimilated in the life and ways of other people in these states. The tribe in these areas haven’t adopted the culture of the majority of the people among which they live. These tribes are a unique embodiment of culture, customs and civilization.
The various features of administration in Sixth Schedule areas as enshrined in our constitution are:- 

  • The tribal areas in these four states are provided with a sizable amount of autonomy by the Constitution. 
  • The tribal areas in these four states have been constituted as autonomous districts. These autonomous districts fall inside the executive authority of the state concerned. 
  • The governor has the power to organise and reorganise the autonomous districts. 
  • If there are different types of tribes in an autonomous district, then the governor can divide the district into several autonomous regions. 
  • Each autonomous council consists of 30 members, out of which 26 are elected on the basis of adult Franchise and 4 are nominated by the governor. The term of elected members is 5 years and nominated members hold office as per the pleasure of the governor. 
  • Each autonomous district also has a regional council. 
  • The regional and district councils administer the areas under their jurisdiction. They can make laws on specified matters like forest, land, canal, water, shifting cultivation, village administration, marriage and divorce and others. But the lawmaking on such subjects requires the assent of the governor. 
  • The district and regional council can constitute courts for trial of cases between the tribes in their administrative areas. 
  • The district council can establish, construct or manage primary schools, markets, ferries, fisheries, roads, dispensaries, markets and so on in the district. It can also make rules and regulations for the control of money lending and trading by non – tribal’s. But such kind of regulations requires the assent of the governor. 
  • The acts of Parliament or the State Legislatures don’t apply to autonomous districts and autonomous regions. Even if applied, the applicant with specific modifications and exceptions. 
  • These councils are empowered to assess and collect land revenue and impose certain specified taxes. 
  • The governor can appoint a commission to report on the matters related to the administration of the autonomous districts or regions. He may dissolve a regional or district council on the recommendation of the commission.

Thus provisions of Schedule Five and Schedule Sixth of the Indian Constitution have proven to be very effective in the effective administration of the areas coming under their ambit.

Article 244 and Article 244 A of the Indian Constitution
The Scheduled and Tribal Areas are dealt with two articles:
Scheduled And Tribal Areas UPSC Notes | EduRev

Note: Article 339 of the Indian Constitution mentions the Union government’s control over the Scheduled Areas administration and welfare of the Scheduled Tribes

Definition of Scheduled and Tribal Areas
The areas inhabited by the socially and educationally backward ‘Aboriginals’ are called Scheduled Areas.
Facts about Scheduled Areas
1. Part 10 of the Indian Constitution entails the provisions related to Scheduled and Tribal Areas with Articles 244 – 244 A.
2. President is empowered to declare an area as Scheduled Area
3. With the consultation of the governor of the state, the President can alter, add, diminish the boundary of a Scheduled Area
4. Both the Centre and the State have their roles to play in the administration of the Scheduled areas. While the governor of the state has to report annually to the President over the management of such area, the Centre gives directions to the state regarding the administration of such areas.
5. A tribal advisory council is a must for the states having scheduled areas 

  • It has 20 members (Three-Fourth of which are Scheduled Tribes’ representatives in that state legislative assembly.) 

6. The power to decide whether any central or state legislation implies over the state having scheduled areas, lies in the hands of the Governor.
7. Governor can also repeal or amend any regulations w.r.t to the state having scheduled areas but only with the assent of the President of India
8. The first commission to report on the administration and welfare of the Scheduled Areas was established in 1960 and was headed by UN Dhebar
9. There are 10 states having scheduled areas: 

  • Andhra Pradesh 
  • Chhattisgarh 
  • Gujarat 
  • Himachal Pradesh 
  • Jharkhand 
  • Madhya Pradesh 
  • Maharashtra 
  • Odisha 
  • Rajasthan and Telangana 

10. Criteria for the declaration of the Scheduled Area: 

  • Prominent numbers of tribal population, i.e. when tribal people are in majority in an area 
  • Compactness and reasonable size of the area 
  • A viable administrative entity such as a district, block or taluk, and 
  • Economic backwardness of the area as compared to the neighbouring areas.

Facts about Tribal Areas

1. Sixth Schedule mentions the provisions related to the tribal areas of the four states – Assam, Meghalaya, Tripura and Mizoram 

2. Sizeable amount of autonomy has been given to the people belonging to the tribal areas of these four states to govern themselves
3. The tribal areas in these four states come under the name of ‘Autonomous Districts,’ but the state still has its executive authority over them
4. The power to organise and reorganise the tribal areas as autonomous districts lie with the governor of the state. He can also alter the name, boundary of such tribal areas.
5. One autonomous district can have different tribes, which for better administration is divided into autonomous regions by the governor
6. There is a district council for each autonomous district: 

  • It has 30 members 
  • Four are nominated by the governor – They perform their duties during the pleasure of the governor 
  • 26 are elected using the adult franchise – Their term of office is five years.

7. There is a separate regional council for each autonomous district
8. The laws related to the following can be made by the regional and autonomous councils with the assent of the governor: 

  • Land 
  • Forests 
  • Canal water 
  • Shifting cultivation 
  • Village administration 
  • Inheritance of property 
  • Marriage and divorce 
  • Social customs 

9. The territorial jurisdictions of autonomous and regional councils may or may not have village councils and courts of trials of suits to mend issues rising between tribes. Such cases can also be taken over by the High Court but only after being specified by the governor.
10. The central and state acts do not apply to these autonomous and regional councils (unless modified and accepted.)
11. The tribal areas in the four states are given below:
Scheduled And Tribal Areas UPSC Notes | EduRev

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