Scheduled and Tribal Areas
The governance of Scheduled and Tribal Areas holds immense significance in the framework of Indian democracy. 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 primary objective of these special provisions is to protect the socio-cultural, land, and political rights of indigenous communities while ensuring their integration into national development.
What are Scheduled and Tribal Areas?
- Scheduled Areas: These are autonomous territories populated predominantly by scheduled tribes that require special administrative protection due to their economic backwardness and distinct culture.
- Tribal Areas: These refer specifically to tribal-dominated areas in the states of Assam, Meghalaya, Tripura, and Mizoram, which possess a higher degree of self-governance and autonomy.
Constitutional Provisions for Scheduled and Tribal Areas
The administration of Scheduled and Tribal Areas is governed primarily under Part X of the Indian Constitution:
- Article 244: Details the Administration of Scheduled Areas and Tribal Areas in India.
- Article 244(1): Applies the provisions of the Fifth Schedule of Indian Constitution to scheduled areas in states other than Assam, Meghalaya, Tripura, and Mizoram.
- Article 244(2): Applies the provisions of the Sixth Schedule of Indian Constitution to tribal areas in the four northeastern states.
- Article 275(1): Mandates special grants-in-aid from the Centre to states for promoting the welfare of scheduled tribes and raising the level of administration in Scheduled Areas in India.
Fifth Schedule Areas
The Fifth Schedule Areas are designated regions across ten states: Andhra Pradesh, Telangana, Jharkhand, Odisha, Chhattisgarh, Madhya Pradesh, Rajasthan, Gujarat, Maharashtra, and Himachal Pradesh. The President of India is empowered to declare, alter, or reshape any area as a scheduled area.
Sixth Schedule Areas
The Sixth Schedule Areas enjoy significant autonomy and are located exclusively within four northeastern states: Assam, Meghalaya, Tripura, and Mizoram. These areas are administered through autonomous bodies that possess legislative, executive, judicial, and financial powers.
Fifth Schedule vs Sixth Schedule
| Feature | Fifth Schedule UPSC | Sixth Schedule UPSC |
| Geographical Scope | Applicable to 10 states across India. | Applicable to 4 northeastern states (Assam, Meghalaya, Tripura, Mizoram). |
| Administrative Body | Tribal Advisory Council (advisory role). | Autonomous District Councils (legislative & judicial powers). |
| Degree of Autonomy | Moderate autonomy; subject to state legislative oversight. | High degree of self-governance and law-making authority. |
The primary Difference Between Fifth and Sixth Schedule lies in the nature of regional governance: the Fifth Schedule relies on advisory executive council oversight, whereas the Sixth Schedule establishes semi-autonomous mini-legislatures.
Administration of Scheduled Areas
Tribal Governance in India under the Fifth Schedule operates through specific administrative structures:
Executive Power: The executive power of the Centre extends to giving directions to states regarding the administration of these areas.
Governor’s Role: The Governor can direct that any particular Act of Parliament or State Legislature does not apply to a scheduled area or applies with modifications.
Tribal Advisory Council: Each state having scheduled areas must establish a Tribal Advisory Council consisting of up to 20 members (three-fourths of whom must be ST representatives in the State Legislative Assembly) to advise on tribal welfare.
Administration of Tribal Areas Under the Sixth Schedule
Tribal Administration in India under the Sixth Schedule provides broad self-governance:
- Autonomous District Councils (ADCs) and Autonomous Regional Councils are constituted for tribal areas, consisting of up to 30 members.
- ADCs can make laws on land, forests, village administration, inheritance, and social customs, subject to the assent of the Governor.
- ADCs can form village councils or courts to try suits and cases between tribal communities.
Panchayats and Tribal Areas
To extend local governance to Scheduled Areas UPSC, Parliament enacted the PESA Act 1996 (Panchayats Extension to Scheduled Areas). The PESA Act UPSC empowers the Gram Sabha in Scheduled Areas by giving tribal communities self-rule, safeguarding custom practices, and granting mandatory consultation rights over land acquisition, minor forest produce, and minor minerals.
Importance of Scheduled and Tribal Areas
- Preserves indigenous culture, custom practices, and traditional land rights.
- Prevents land alienation and exploitation by non-tribal entities.
- Fosters decentralized democracy and grassroots self-governance.
Challenges in Scheduled and Tribal Areas
- Delay in implementing the PESA Act 1996 and empowering the Gram Sabha in Scheduled Areas.
- Conflicts between state laws and traditional tribal customs.
- Infrastructure deficits, land alienation, and displacement due to industrial projects.
Important Laws and Committees
- Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA).
- Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA).
- Bhuria Committee (1994–1995): Recommended extending local self-governance principles to tribal regions, which led to PESA.
- Xaxa Committee (2014): Examined the socio-economic, educational, and health status of tribal communities.
Scheduled and Tribal Areas – Constitutional Articles
- Article 244: Administration of Scheduled Areas and Tribal Areas.
- Article 244A: Formation of an autonomous State comprising certain tribal areas in Assam.
- Article 275(1): Grants-in-aid for tribal development schemes.
Important Supreme Court Judgment
In the landmark Samatha v. State of Andhra Pradesh (1997) judgment, the Supreme Court ruled that government and forest lands in scheduled areas cannot be leased to private companies for mining, reinforcing that tribal land rights take precedence in Scheduled Areas in India.
Conclusion
Understanding Scheduled Areas UPSC and Tribal Areas UPSC is essential for mastering Indian Polity. Balancing constitutional protections under the Fifth Schedule Areas and Sixth Schedule Areas while upholding effective governance through the PESA Act UPSC ensures that tribal rights and socio-economic development go hand in hand.
UPSC Prelims: PYQs & Practice Questions
Previous Year Questions (Prelims)
Q: Under which Schedule of the Constitution of India can the transfer of tribal land to private parties for mining be declared null and void?
(a) Third Schedule
(b) Fifth Schedule
(c) Ninth Schedule
(d) Twelfth Schedule
Answer: (b) Fifth Schedule
Explanation:
In the landmark
Samatha v. State of Andhra Pradesh (1997) case, the Supreme Court held that
government land, forest land and tribal land in Fifth Schedule Areas cannot be transferred or leased to private non-tribal entities for mining.
Such transfers can be declared
null and void in order to protect tribal land ownership and prevent exploitation of indigenous communities in Scheduled Areas.
Q: If a particular area is brought under the Fifth Schedule of the Constitution of India, which one of the following statements best reflects the consequence of it?
(a) This would prevent the transfer of land of tribal people to non-tribal people.
(b) This would create a local self-governing body in that area.
(c) This would convert that area into a Union Territory.
(d) The State having such area would be declared a Special Category State.
Answer: (a) This would prevent the transfer of land of tribal people to non-tribal people
Explanation:
The
Fifth Schedule provides special administrative safeguards for
Scheduled Areas and Scheduled Tribes.
The Governor may make regulations to
prohibit or restrict the transfer of land by or among members of Scheduled Tribes and regulate the allotment of land in Scheduled Areas.
The objective is to protect tribal communities from
land alienation and exploitation.
Practice Questions
Q: With reference to the Sixth Schedule of the Indian Constitution, consider the following statements:
1. It applies to tribal areas in the states of Assam, Meghalaya, Tripura, and Manipur.
2. Autonomous District Councils (ADCs) under the Sixth Schedule have legislative, judicial, and financial powers.
3. Laws made by Autonomous District Councils require the assent of the Governor of the state.
Which of the statements given above is/are correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2, and 3
Answer: (b) 2 and 3 only
Explanation:
Statement 1 is incorrect. The
Sixth Schedule applies to tribal areas in
Assam, Meghalaya, Tripura, and Mizoram, not Manipur.
Statement 2 is correct. Autonomous District Councils under the Sixth Schedule possess
legislative, administrative, judicial, and financial powers. They can make laws on subjects such as land, forests, village administration, and social customs, establish village courts, and levy certain taxes.
Statement 3 is correct. Laws made by Autonomous District Councils on subjects assigned to them require the
assent of the Governor before they come into force.
Q: Which of the following statements regarding the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA Act) is/are correct?
1. PESA extends the provisions of Part IX of the Constitution to Fifth Schedule Areas with minor modifications.
2. The Gram Sabha in PESA areas has mandatory prior consultation rights before acquiring land for development projects.
3. Ownership of minor forest produce is vested in the State Forest Department under PESA.
Select the correct answer using the code given below:
(a) 1 and 2 only
(b) 2 only
(c) 1 and 3 only
(d) 1, 2, and 3
Answer: (b) 2 only
Explanation:
Statement 1 is incorrect. PESA extends the provisions of
Part IX of the Constitution to
Fifth Schedule Areas with specific
exceptions and modifications intended to safeguard tribal self-governance.
Statement 2 is correct. Under
Section 4(i) of the PESA Act, 1996, the Gram Sabha or Panchayat at the appropriate level must be consulted before land acquisition in Scheduled Areas for development projects.
Statement 3 is incorrect. PESA provides ownership of
minor forest produce to the
Gram Sabha and Panchayats at the appropriate level, rather than vesting it exclusively in the State Forest Department.
UPSC Mains – Previous Year & Practice Questions
Mains Previous Year Questions
[10 Marks | 150 Words]
Question: “ Article 244 of the Indian Constitution relates to the administration of Scheduled Areas and Tribal Areas.” Analyse the impact of non-implementation of the provisions of the Fifth Schedule on the growth of Left Wing Extremism.
[12.5 Marks | 200 Words]
Question: The Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA) is considered landmark legislation in empowering tribal self-governance. Discuss its key features and evaluate the reasons why it has not been fully effective on the ground. (UPSC Mains 2015, GS Paper II)
[10 Marks | 150 Words]
Question: Examine the role and powers of the Governor regarding the administration of Scheduled Areas under the Fifth Schedule of the Indian Constitution. (UPSC Mains 2018, GS Paper II)
[15 Marks | 250 Words]
Question: The Sixth Schedule of the Indian Constitution has provided for autonomous self-governance in tribal areas of the North-East. Evaluate its effectiveness in addressing tribal aspirations and regional development. (UPSC Mains 2020, GS Paper II)
[15 Marks | 250 Words]
Question: The Fifth and Sixth Schedules of the Indian Constitution were framed to protect the administrative and cultural rights of tribal communities. Examine how these Schedules differ in their institutional framework and degree of autonomy. (UPSC Mains 2022, GS Paper II)
Mains Practice Questions
[15 Marks | 250 Words]
Question: Despite statutory empowerment through the PESA Act, 1996 and the Forest Rights Act, 2006, Gram Sabhas in Scheduled Areas continue to face marginalization. Discuss the structural hurdles and suggest policy measures to strengthen tribal self-rule.
[15 Marks | 250 Words]
Question: Analyse the demands for extending Sixth Schedule status to regions such as Ladakh and Manipur. What are the constitutional, administrative and strategic implications of such demands?
[10 Marks | 150 Words]
Question: Compare the advisory mandate of the Tribal Advisory Council under the Fifth Schedule with the legislative authority of Autonomous District Councils under the Sixth Schedule. Does the Fifth Schedule require institutional reform?
Scheduled and Tribal Areas-FAQs
What are Scheduled Areas?
Scheduled Areas are tribal-dominated regions requiring special constitutional protection due to economic backwardness, distinct culture and land-related vulnerabilities.
What are Tribal Areas under the Sixth Schedule?
Tribal Areas refer to autonomous tribal regions in Assam, Meghalaya, Tripura and Mizoram governed through Autonomous District Councils and Regional Councils.
Which Article deals with Scheduled and Tribal Areas?
Article 244 deals with the administration of Scheduled Areas and Tribal Areas under the Fifth and Sixth Schedules.
What is the PESA Act 1996?
The PESA Act, 1996 extends Panchayati Raj provisions to Scheduled Areas and empowers Gram Sabhas in tribal governance, land consultation, customs and minor forest produce.
Why are Scheduled and Tribal Areas important for UPSC?
They are important because they connect Indian federalism, tribal rights, Fifth Schedule, Sixth Schedule, PESA Act, FRA, decentralisation and constitutional governance.
