Fifth Schedule: Administration of Scheduled Areas and Scheduled Tribes

At a Glance

• What it is Provisions for administering Scheduled Areas and welfare of Scheduled Tribes
• Article Article 244(1)
• Applies to States other than Assam, Meghalaya, Tripura and Mizoram
• Called A constitution within a constitution
• Exam link UPSC Prelims, Polity: Schedules of the Constitution

Where Does It Fit?

This is the fifth topic of the category on the Schedules of the Constitution. The Fifth Schedule 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. It has been called a constitution within a constitution.

Purpose

The purpose of Scheduled Areas is to preserve tribal autonomy, culture and economic empowerment, to ensure social, economic and political justice and the preservation of peace and good governance, and to protect tribals from social injustice and exploitation. At present ten states have Scheduled Areas: Andhra Pradesh, Telangana, Jharkhand, Chhattisgarh, Gujarat, Himachal Pradesh, Madhya Pradesh, Maharashtra, Odisha and Rajasthan.

Declaration of Scheduled Areas

The President is empowered to declare an area a Scheduled Area. He or she can increase or decrease its area, alter its boundary lines, rescind the designation or make fresh orders for redesignation, in consultation with the Governor of the state concerned. The criteria are not spelt out in the Constitution but have become well established: preponderance of tribal population; compactness and reasonable size of the area; a viable administrative entity such as a district, block or taluk; and economic backwardness of the area compared with neighbouring areas.

Executive Power and the Governor

The executive power of a state extends to the Scheduled Areas in it, but the Governor has a special responsibility regarding them and must submit a report to the President on their administration annually or whenever the President requires. The executive power of the Centre extends to giving directions to the states regarding the administration of such areas.

Tribes Advisory Council

Each state having Scheduled Areas has to establish a Tribes Advisory Council to advise on the welfare and advancement of the Scheduled Tribes. It consists of 20 members, three-fourths of whom are representatives of the Scheduled Tribes in the state legislative assembly. A similar council can be established in a state having Scheduled Tribes but no Scheduled Areas, if the President so directs.

Law Applicable to Scheduled Areas

The Governor can direct that any particular Act of Parliament or the state legislature does not apply to a Scheduled Area or applies with specified 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. These regulations may prohibit or restrict the transfer of land by or among members of Scheduled Tribes, regulate the allotment of land to Scheduled Tribes and regulate money-lending to Scheduled Tribes. A regulation may repeal or amend any Act of Parliament or the state legislature applicable to a Scheduled Area, but all such regulations require the assent of the President.

Scheduled Areas Compared With Ordinary Areas

The table shows why the Schedule is called a constitution within a constitution: the Governor, acting with the advice of the Tribes Advisory Council, can make regulations that even repeal or amend laws applicable to the area, subject to presidential assent.

Commissions on Scheduled Areas

The Constitution requires the President to appoint a commission to report on the administration of Scheduled Areas and the welfare of Scheduled Tribes, at any time but compulsorily after ten years of the commencement of the Constitution. Article 339 gives the Union control over the administration of Scheduled Areas and the welfare of Scheduled Tribes. The National Commission to Review the Working of the Constitution recommended that all tribal areas governed by the Fifth Schedule be transferred to the Sixth Schedule. The PESA Act, 1996 extended the Panchayat provisions to Fifth Schedule areas with modifications, and the Gram Sabha has special powers there, taken up in the topic on the Gram Sabha.

Why Is This Topic Important?

• Tribal governance High-value for Prelims and Mains
• Ten states Count and names asked
• Comparison with Sixth Schedule Standard question

What Came Next?

The next topic covers the Sixth Schedule, the administration of tribal areas in the Northeast.

Key People and Terms

• Scheduled Area Area declared by the President
• Tribes Advisory Council Twenty-member advisory body
• Governor’s regulation Needs President’s assent
• Dhebar Commission First commission
• Bhuria Commission Second commission

Exam Corner

Mains Angle

Questions on this topic usually ask about tribal protection. Use these points to add depth.

• Land protection Restrictions on transfer
• Governor’s role Special responsibility
• Advisory structure Tribes Advisory Council
• PESA Self-governance