Scheduled and Tribal Areas

Constitutional Provisions

▸ Under Indian Constitution Part X, Article 244 deals with the scheduled and tribal areas. The expression 'Scheduled Areas' means such areas as the President may by order declare to be scheduled areas in any state except Assam, Meghalaya, Tripura and Mizoram.
▸ The scheduled areas have been given autonomy in the affairs of marriage, law, property transfer, inheritance etc and such others for the tribal welfare. The State Governments have few restrictions with regard to the control over tribal areas.

Administration and Control of Scheduled and Tribal Areas

The Fifth Schedule makes the following provisions for administration and control of these areas–

Executive Power of Union and State in Scheduled Areas

▸ The executive power of a state extends to the scheduled areas and the Governor has a special responsibility with respect to these areas and submit a report to the President with respect to the conditions and administration of these area annually or whenever so required by the President.
▸ The executive power of the centre extends to giving instructions to the states regarding the administration of these areas.
Tribal Advisory Council (TAC)
▸ Each state having scheduled areas has to establish a TAC to advise on welfare and advancement of the scheduled tribes. It is consist of 20 members, of which three-fourths are to be representatives of the scheduled tribes in the State Legislative Assembly.
States and their Scheduled Areas
Fifth Schedule
Andhra Pradesh Vishakhapatnam, East Godavari,West Godavari, Adilabad, Srikakulam, Vizianagaram, Mahboobnagar, Prakasm (only some mandals are scheduled mandals).
Jharkhand Dumka, Godda, Devgarh, Sahabgunj, Pakur, Ranchi, Singhbhum (East andWest), Gumla, Simdega, Lohardaga, Palamu, Garwa, (some districts are only partly tribal blocks).
Chhattisgarh Sarbhuja, Bastar, Raigad, Raipur, Rajnandgaon, Durg, Bilaspur, Sehdol, Kanker.
Himachal Pradesh Lahual and Spiti districts, Kinnaur, Pangi teshsil and Bharmour Sub-tehsil in Chamba district.
Madhya Pradesh Jhabua, Mandla, Dhar, Khargone, East Nimar (Khandwa), Sailana tehsil in Ratlam district, Betul, Seoni, Balaghat, Morena.
Gujarat Surat, Bharauch, Dangs, Valsad, Panchmahl, Sadodara, Sabarkanta (parts of these districts only).
Maharashtra Thane, Nasik, Dhule, Ahmednagar, Pune, Nanded, Amravati, Yavatmal, Gadchiroli, Chandrapur (parts of these districts only).
Odisha Mayurbhanj, Sundargarh, Koraput (fully scheduled area in these three-districts), Raigada, Keonjhar, Sambalpur, Boudhkondmals, Ganjam, Kalahandi, Bolangir, Balasor (parts of these districts only).
Rajasthan Banswara, Dungarpur (fully tribal districts), Udaipur, Chittaurgarh, Siroi (partly tribal areas).
▸ Similar council can also be established in a state having Scheduled Tribes but not scheduled areas therein, if the President so directs.

Laws Applicable to Scheduled Areas

▸ The Governor may by public notification direct that any particular Act of Parliament or of the Legislature of the state shall not apply to a scheduled area or any part thereof in the state or shall apply to a subject to such exceptions and modifications as he/she may specify in the notification.
▸ The Governor may make regulations for the peace and good government of any area in a state which is for the time being a scheduled area.
▸ In making any such regulation, the Governor may repeal or amend any Act of Parliament or of the Legislature of the State or any existing law which is for the time being applicable to the area in question.
▸ All regulations made shall be submitted forthwith to the President and until assented by him/her, shall have no effect. No regulation shall be made unless the Governor has, consulted Tribes Advisory Council.

Administration of Tribal Areas under Sixth Schedule

▸ The special provision has been made because the tribal people of these areas have not adopted the mainstream lifestyle yet. They still have their roots in their own culture, customs and civilisation.
The Sixth Schedule makes the following provisions:
Tribal Areas under Sixth Schedule
Assam
▸ The North Cachar Hills District
▸ The Karbi Anglong District
▸ The Bodoland Territorial Areas District
Meghalaya
▸ Khasi Hills District
▸ Jaintia Hills District
▸ Garo Hills District
Tripura
▸ Tripura, Tribal Areas District space should be Mizoram
▸ Chakma District
▸ Mara District
▸ Lai District
Constitution of District Councils and Regional Councils
▸ There shall be a separate Regional Council for each area constituted as an autonomous region under this schedule.
▸ These District Council and Regional Councils are made for the exercise of certain legislative and judicial functions.
▸ In an autonomous district with Regional Councils, the District Council shall have only such powers with respect to the areas under the authority of the Regional Council as may be delegated to it by the Regional Council in addition to the powers conferred on it by this schedule with respect to such areas. The Governor shall make rules for:
— the composition of the District Councils and Regional Councils and the allocation of seats therein.
— the delimitation of territorial constituencies for the purpose of elections to those councils.
— the qualifications for voting at such elections and the preparation of electoral rolls therefore.
— the qualifications for being elected at such elections as members of such councils.
— the term of office of members of regional councils.
— any other matter relating to or connected with elections or nominations to such councils.
Powers of the District Councils and Regional Councils to Make Laws
▸ The District and Regional Councils have been granted power to frame laws with respect to items such as follow:
— the management of any forest not being a reserved forest.
— the use of any canal or water-course for the purpose of agriculture.
— the regulation of the practice of jhum or other forms of shifting cultivation.
— the establishment of village or town committees or councils and their powers.
— any other matter relating to village or town administration, including village or town police and public health and sanitation.
— the appointment or succession of Chiefs or Headmen.
— the inheritance of property.
— marriage and divorce.
— social customs.
▸ However, all such laws passed by the councils shall have to be produced before the Governor before they come into execution if the Governor deems so.
▸ The Governor may also direct by order that the laws passed by the State Legislature may not apply or shall apply with modifications to the territories of District Councils and Regional Councils. The same applies to laws passed by the Parliament, but the Governor here has to act in consultation with the President.