SCHEDULED & TRIBAL AREAS

 Article 244 in Part X envisages a special system of administration for certain areas designated as
“Scheduled areas” & “Tribal areas”.

 5th Schedule deals with admin and control of Scheduled areas and Scheduled Tribes in all States
except Assam, Meghalaya, Tripura & Mizoram.

 6th Schedule deals with administration & control of Tribal Areas in the North-Eastern States of
Assam, Meghalaya, Tripura & Mizoram.

Administration of Scheduled Areas

 President is empowered to declare or undeclare an area as scheduled area, increase or decrease
or change its boundary or make any fresh order in this regard, insultation with Governor.

 The executive power of State extend to these areas, but Governor has special responsibility for
these areas. He has to submit reports to President. Centre can give directions to State regarding
the administration of these areas.

 Each state having scheduled areas must establish a Tribes Advisory Council to advice on the
welfare of ST . Should consist 20 members, 3/4th should be ST members of SLA. Similar Council
can be established in states not having scheduled areas but have STs, only if Prez directs so.

 Governor can direct that any Central or State law does not apply to a Scheduled area or applies
with modifications. Governor with consent of President & with advice of Tribes Advisory Council
can make regulations regarding transfer of land, allotment of land, money-lending & to repeal or
amend a central or state law.

Constitution requires the president to appoint a commission to report on the administration of

scheduled areas & welfare of ST in the states. He can appoint such a commission at any time but
compulsorily after 10 years of the commencement of the Constitution.

Administration of Tribal Areas

 Tribal areas in Assam, Meghalaya, Tripura & Mizoram have been constituted as Autonomous
Districts (AD). States still have executive authority over such areas.

 Governor is empowered to organise & re-organise these AD.

 Governor can divide a AD into several autonomous regions, if there are different Tribes.

 Each AD has a District Council having 30 members (4 nominated by Governor, 26 elected by

UAF). Elected members hold office for 5 yrs. Nominated members hold office in pleasure of
Governor. Each autonomous region has a Separate Regional Council.

 District & Regional councils administer the areas under their jurisdiction. They can make laws on
matters like land, forests, village admin, inheritance, marriage, etc with consent of Governor.

 District & Regional Councils can constitute village councils or courts for trial of Tribal disputes.

 District & Regional Councils can levy certain taxes and collect land revenue.

 Central & State Laws don’t apply to these districts or apply with modification.

 Governor can appoint commission to examine/ report on matters of such districts. He may
dissolve a district or regional council on the recommendation of the commission.

 District council after the assent of the governor  can establish, construct or manage primary
schools, dispensaries, markets, ferries, fisheries, roads etc. It can also make regulations for the
control of money lending and trading by non-tribals.
CRITERIA FOR DECLARING SCHEDULE AREAS
• preponderance of tribal population
• compactness and reasonable size of the area
• under-developed nature of the area
• Marked disparity in economic standard of the people.
NOTE - Tribal Advisory Council is associated with 5th Scheduled Areas & Autonomous District
Council is institution associated with 6th Scheduled Areas.

ISSUES WITH GOVERNANCE OF 5th SCHEDULE AREAS -

 Devolution of less powers viz-a-viz 6th scheduled areas.
 Lack of women’s representation in Tribal Advisory Councils.
 Irregularities in reports of Governor to President.
 Lack of finances led to more dependency on Union government.
 Lack of judicial and legislative powers like 6th scheduled areas.
 Tribal advisory council have only advisory powers to the state government.
SUGGESTIONS/WAY FORWARD -
o More and effective devolution of powers to councils.
o According greater financial autonomy to implement schemes effectively.
o Empowering local democratic institutions.
o Bringing Tribal Advisory Council at par with Autonomous District Councils of 6 th schedule.
o Ensure many ethnic minorities are not excluded from representation in council.