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 Fifth Schedule of the Constitution deals with the administration and control of scheduled areas and scheduled tribes in any state except the four states of Assam, Meghalaya, Tripura and Mizoram.
The Sixth Schedule of the Constitution, on the other hand, deals with the administration of the tribal areas in the four northeastern states of Assam, Meghalaya, Tripura and Mizoram.
Administration of Scheduled Areas
The Fifth Schedule contains provisions for the administration and governance of scheduled areas, including the following key features:
➤ Declaration of Scheduled Areas:
- The President of India is responsible for declaring scheduled areas within states other than Assam, Meghalaya, Tripura, and Mizoram. These are areas predominantly inhabited by Scheduled Tribes.
➤ Executive Power of State and Centre:
- The executive power of a state extends to scheduled areas within its jurisdiction. However, the governor of the state has a special responsibility regarding the administration of such areas.
- The governor must submit an annual report to the President regarding the administration of scheduled areas, as well as whenever the President requests one.
- The central government also has the power to direct state governments in matters concerning the administration of scheduled areas.
➤ Tribes Advisory Council:
- Each state with scheduled areas must establish a Tribes Advisory Council (TAC) to advise on the welfare and advancement of Scheduled Tribes in the state.
- The TAC consists of 20 members, three-fourths of whom are representatives of the Scheduled Tribes in the state legislative assembly.
➤ Law Applicable to Scheduled Areas:
- The governor can direct that any act of Parliament or state legislature does not apply to a scheduled area, or that it applies with specific modifications and exceptions.
- The governor can also make regulations for the peace and good government of a scheduled area after consulting the Tribes Advisory Council.
The President of India is required to appoint a commission to report on the administration of scheduled areas and the welfare of scheduled tribes in the states. This commission is to be appointed periodically, starting ten years after the Constitution's commencement.
Key Commissions
➤ U.N. Dhebar Commission (1960):
- The first commission was appointed in 1960 and was headed by U.N. Dhebar. It submitted its report in 1961.
➤ Dilip Singh Bhuria Commission (2002):
- The second commission was appointed in 2002 under the chairmanship of Dilip Singh Bhuria. It submitted its report in 2004.
These commissions play an essential role in reviewing the administration and welfare of Scheduled Tribes and recommending improvements in governance and policy.
➤Articles Related to Scheduled and Tribal Areas at a Glance
244. Administration of Scheduled Areas and Tribal Areas
244A. Formation of an autonomous state comprising certain tribal areas in Assam and creation of local legislature or Council of Ministers or both
339. Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes
Administration of Tribal Areas
69th BPSC
Q. The Fifth Schedule deals with the governance and protection of the interests of which specific group of people?
A. Scheduled Castes
B. Religious Minorities
C. Scheduled Tribes
D. Linguistic Minorities
