Constitutional Governance of Scheduled areas and Tribal areas in India

Constitutional Provisions for Scheduled areas and Tribal areas  #

Administration of Scheduled Areas (5th Schedule): Special Attention and Central Responsibility #

Because of the different socio-economic profile of scheduled areas these areas need special attention & the Central Government has greater responsibility for such areas. 

President as per Constitutional obligation appoints a commission to report on administration of SAs & welfare of STs in states. Two such Commissions have been appointed – U N Dhebar (1960) & Dilip Singh Bhuria Committee (2002).

At present (2019), ten states of India have scheduled areas. These are: Andhra Pradesh, Telangana, Jharkhand, Chhattisgarh, Gujarat, Himachal Pradesh, Madhya Pradesh, Maharashtra, Odisha and Rajasthan. 

Administration of Tribal Areas in Northeastern States under the 6th Schedule #

• The 6th Schedule of the Constitution provides for administration of tribal areas in 4 NE states of Assam, Meghalaya, Tripura & Mizoram (AMTM) – NOT Manipur.
• Such arrangements have been made to protect the culture, customs & civilizations of peoples of such areas who still have not assimilated the life of majorities in such areas.

Features of Tribal areas under the 6th Schedule in Northeastern States #

1. Tribal areas in states of AMTM have been constituted as autonomous districts (ADs). These ADs fall under state executive authority.
2. Governors can organize & reorganize the autonomous districts (ADs). Governors can even divide the ADs into several autonomous regions.
3. Each ADs have a District Council of 30 members for a 5-year term. (26 elected + 4 nominated by Governor). Each autonomous region has a separate regional council.
4. Powers & Functions of District & Regional Councils: –

• District & Regional Council administer the areas under their jurisdiction. They can make laws on certain matters like land, forests, canal water, inter alia, but such laws require Governor assent.
• District & Regional Council can constitute Village Councils/ courts for trial of suits & cases between tribes. Jurisdiction of High Courts over such suits & cases is specified by the Governor.
• The District Council can establish primary schools, dispensaries, markets, ferries, and roads in the district. It can also make regulations for control of money lending & trading by non-Tribals. But such regulations require the assent of the Governor.
• They are empowered to assess & collect land revenue & to impose certain specified taxes.

1. Central or State Acts do not apply to autonomous districts & autonomous regions or apply with specified modifications & exceptions. Governor directs in case of Assam for both Central & State Acts. President directs in case of Meghalaya, Tripura & Mizoram for Central Acts & Governor in respect of State Acts.
2. Governor can appoint a commission to examine & report on any matter relating to administration of autonomous regions & can even dissolve District & Regional Council on recommendation of such commission.