Scheduled and Tribal Areas

Explore the intricate legal framework of the Indian Constitution concerning Scheduled and Tribal Areas, a vital topic for students and competitive exam aspirants. Understanding the Fifth and Sixth Schedules as per Article 244 is essential for mastering Indian Polity and Governance.

Scheduled and Tribal Areas under the Constitution: A Special Administrative Framework

• The Indian Constitution recognizes the unique socio-cultural fabric of indigenous populations through a specialized governance model.

  The journey of administrative autonomy begins with Article 244 located in Part X of the Constitution. This article serves as the cornerstone for a special administrative system designed to protect the interests of scheduled areas and tribal areas across the nation.

  • (i) The Fifth Schedule acts as the primary governance guide for the administration and control of scheduled areas and scheduled tribes residing in all states, excluding the four specific northeastern states.
  • (ii) The Sixth Schedule provides an even more specialized administrative structure for tribal areas specifically within Assam, Meghalaya, Tripura, and Mizoram.
  • (iii) This bifurcation ensures that the Central government and State Governors can tailor laws to suit the distinct needs of aboriginal communities.

• Administration of Scheduled Areas: Ensuring Social and Economic Justice

  Scheduled areas are treated as distinct entities because they are inhabited by aboriginal communities who have historically remained socially and economically backward. Since the normal state machinery may not be sufficient, special efforts are needed to improve their condition, granting the Central government significant oversight.

  • Features of Administration under the Fifth Schedule

    The Fifth Schedule outlines a power-sharing agreement between the President, the Governor, and the Tribes Advisory Council to maintain peace and progress.

    • (i) Declaration and Modification of Scheduled Areas

      • The President holds the ultimate authority to declare an area as "scheduled."
      • With the power to modify boundaries, rescind designations, or redesignate areas, the President acts in consultation with the state governor to ensure administrative precision.

    • (ii) Executive Power Dynamics between State and Centre

      • While the state executive maintains authority, the Governor carries a heavy "special responsibility."
      • This includes the mandatory submission of periodic reports to the President regarding the state of these areas.
      • Crucially, the Central government retains the right to issue direct instructions to states regarding these administrative zones.

    • (iii) The Role of the Tribes Advisory Council

      • Every state housing scheduled areas must establish a Tribes Advisory Council to provide expert advice on the welfare and development of scheduled tribes.
      • Composition: The council consists of 20 members, where three-fourths must be scheduled tribe representatives from the state legislative assembly.
      • Even in states with tribes but no scheduled areas, the President may direct the creation of such a council.

    • (iv) Legal Adaptability and Law Application

      • The Governor is empowered to decide whether an act of Parliament or the State Legislature applies to a scheduled area.
      • The Governor can modify these acts or exempt the area from them entirely to prevent any socio-economic harm.
      • Regulatory Powers: The Governor makes regulations for peace and "good governance" after consulting the Tribes Advisory Council. These regulations specifically target:
        • (a) Restricting the transfer of land among tribal members to prevent exploitation.
        • (b) Regulating the allotment of land to ensure equitable distribution.
        • (c) Strict regulation of money-lending businesses that might affect tribal populations.
        • (d) The power to amend or repeal any existing act of Parliament or State Legislature affecting the area, provided they receive Presidential assent.

  • Commissions for Scheduled Areas and Tribes

    To ensure that the special administrative system remains effective, the Constitution mandates a periodic review through high-level commissions appointed by the President.

    • (i) These reviews are compulsory every ten years following the commencement of the Constitution, though the President can initiate them at any time.

    • Notable Historical Commissions

      • (a) The 1960 Commission: Led by U.N. Dhebar, this commission provided its landmark report in 1961, shaping early tribal policy.
      • (b) The 2002 Commission: Headed by Dilip Singh Bhuria, this body submitted its findings in 2004, focusing on modern challenges faced by scheduled tribes.

• Significance of Scheduled Area Governance for Constitutional Studies

  The special administrative system for scheduled and tribal areas under Article 244 is a testament to the inclusive nature of the Indian Constitution. By balancing the Fifth Schedule and Sixth Schedule, the law ensures that aboriginal communities are protected from exploitation while receiving focused development. For students, mastering these details is crucial for understanding how Presidential assent and Governor's regulations maintain the delicate balance of social and economic justice in India.