Fifth Schedule of the Indian Constitution: Fostering Tribal Welfare

Introduction

The Fifth Schedule of the Indian Constitution pertains to the administration and governance of scheduled areas and scheduled tribes in states across India, excluding Assam, Meghalaya, Tripura, and Mizoram. It outlines special provisions aimed at protecting the interests and promoting the development of tribal communities residing in these designated areas. 

This schedule delineates the powers and responsibilities of various governmental bodies in ensuring the welfare, autonomy, and cultural preservation of scheduled tribes within the specified regions.

Constitutional Framework for the Administration and Welfare of Scheduled Areas and Tribes

• Article 244; Part X: Special system of administration for ‘Scheduled Areas’(SA) & ‘Tribal Areas’(TA).
• 5th Schedule: Administration & control of scheduled areas & scheduled tribes in any state except 4 states – Assam, Meghalaya, Tripura & Mizoram (AMTM). [UPSC 2015]
• Article 244(1): Scheduled Areas means such areas as the President may by order declare to be Scheduled Areas.
• Article 339: Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes

Administration of Scheduled Areas (5th Schedule)

• Differential Treatment for Aboriginal Communities: These areas are inhabited by aboriginals who are socially and economically backward and special efforts need to be made to improve their condition. Hence, the Central government has been entrusted with somewhat greater responsibility for these areas.
• Presidential Commission: The President appoints a commission to report on the administration of SAs & welfare of STs in states at any time but compulsorily after 10 years of the commencement of the Constitution (Constitutional obligation).
  • Two such Commissions: U N Dhebar (1960) & Dilip Singh Bhuria Committee (2002).
• India has scheduled areas (till 2019) in the states of  Andhra Pradesh, Telangana, Jharkhand, Chhattisgarh, Gujarat, Himachal Pradesh, Madhya Pradesh, Maharashtra, Odisha and Rajasthan.

A Closer Look at the 5th Schedule Provisions

Conclusion

• The Fifth Schedule of the Indian Constitution outlines provisions for the administration and governance of scheduled areas, recognizing the unique socio-economic and cultural circumstances of indigenous communities residing in these regions. 
• It mandates special attention from both the Central and State Governments to address the welfare, development, and preservation of the rights of scheduled tribes living in these designated areas.
  

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