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:-
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:-
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:
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
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:
10. Criteria for the declaration of the Scheduled Area:
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:
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:
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: