Article 244 of the Indian Constitution provides for a special system of administration for certain areas designated as Scheduled Areas and Tribal Areas. The Fifth Schedule governs Scheduled Areas and Scheduled Tribes in all states except Assam, Meghalaya, Tripura, and Mizoram, which are covered under the Sixth Schedule.
Scheduled Areas aim to preserve tribal autonomy, protect cultural and economic rights, and prevent exploitation. The Fifth Schedule is often described as a “Constitution within the Constitution” due to its special provisions for governance and administration.
Preserve tribal autonomy and culture.
Ensure social, economic, and political justice.
Prevent land alienation and exploitation.
Promote tribal welfare and development.
Declaration of Scheduled Areas
Executive Power of State and Centre
Tribes Advisory Council (TAC)
Law Applicable to Scheduled Areas
The Constitution mandates the President to appoint a commission to review the administration of Scheduled Areas and the welfare of Scheduled Tribes in the states. While the President may appoint such a commission at any time, it is compulsory to do so within ten years of the commencement of the Constitution.
The first commission was set up in 1960 under the chairmanship of U.N. Dhebar, which submitted its report in 1961.
After a long gap of four decades, the second commission was appointed in 2002, chaired by Dilip Singh Bhuria, and it submitted its report in 2004.
Administration of Scheduled Areas and Tribal Areas
The Scheduled Areas under the Fifth Schedule reflect the constitutional vision of protecting tribal identity, culture, and autonomy. By empowering the Governor with legislative discretion, mandating the formation of Tribes Advisory Councils, and providing flexible legal frameworks, the Constitution ensures a tailored and sensitive administration for tribal regions. However, effective implementation and genuine tribal participation remain key to achieving the constitutional goals of social justice, inclusion, and development in these marginalized regions.
Q1. What is the main objective of Scheduled Areas?
Ans: The objective is to preserve tribal autonomy, culture, and socio-economic development while preventing exploitation and promoting peace and good governance.
Q2. Who has the power to declare an area as a Scheduled Area?
Ans: The President of India, in consultation with the Governor of the concerned state, has the power to declare an area as a Scheduled Area.
Q3. What is the role of the Governor in Scheduled Areas?
Ans: The Governor has special responsibilities, including:
Submitting annual reports to the President.
Making regulations for peace and good governance.
Modifying the application of laws to Scheduled Areas.
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