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.

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