Scheduled Areas are described in Article 244 (1) of the Indian Constitution as areas designated by the President of India and listed in the Constitution's fifth schedule. Ten states in India have designated areas. The Scheduled and Tribal Areas are covered under Article 244.

The Constitution's Sixth Schedule refers to territories in the states of Assam, Meghalaya, Tripura, and Mizoram that have been designated as "tribal areas," and establishes District or Regional Autonomous Councils for them. The UPSC Indian Polity and Governance Syllabus include Scheduled and Tribal Areas which is described in this article.

Schedule & Tribal Areas – Fifth Schedule and Sixth Schedule of the Constitution

The two schedules contain information on how the Scheduled and Tribal Areas are controlled and managed:

Fifth Schedule of the Indian Constitution

This schedule contains laws concerning the administration and control of Scheduled and Tribal Areas in any state except the four states:

1. Assam
2. Meghalaya
3. Tripura
4. Mizoram

Sixth Schedule of the Indian Constitution

This schedule governs the administration and governance of the scheduled and tribal regions of the four north-eastern states not covered by the fifth schedule:

1. Assam
2. Meghalaya
3. Tripura
4. Mizoram

Article 244 and Article 244 A

Two articles deal with the Scheduled and Tribal Areas:

Article 244

This article deals with the administration of the Scheduled and Tribal Areas

Article 244 A

This article discusses the development of an independent state in Assam that includes specific tribal territories and is governed by a council of ministers.

Article 339

The Union government has jurisdiction for the management of Scheduled Areas and the welfare of Scheduled Tribes, according to Article 339 of the Indian Constitution.

Scheduled Areas

1. Part 10 of the Indian Constitution contains Articles 244–244 A, which deal with Scheduled and Tribal Areas.
2. The President has the authority to designate an area as a Scheduled Area.
3. The President can change, add to, or subtract from the boundary of a Scheduled Area with the approval of the state governor.
4. In the administration of Scheduled Areas, both the Centre and the States have duties to play. While the governor of the state is required to report on the management of such areas to the President on an annual basis, the Centre offers the state instructions on how to administer such territories.
5. States with scheduled regions must have a tribal advisory council.
   1. It comprises 20 members, with three-fourths of them representing Scheduled Tribes in the state legislature.)
6. The Governor has the authority to decide if any federal or state legislation has implications for the state's scheduled areas.
7. The Governor can also remove or change any regulations relating to the state's scheduled areas, but only with the President's approval.
8. In 1960, UN Dhebar created the first panel to report on the administration and welfare of the Scheduled Areas.
9. 10 states are having 5th scheduled areas:
   1. Andhra Pradesh
   2. Chhattisgarh
   3. Gujarat
   4. Himachal Pradesh
   5. Jharkhand
   6. Madhya Pradesh
   7. Maharashtra
   8. Odisha
   9. Rajasthan
   10. Telangana
10. The following are the criteria for declaring a Scheduled Area:
    1. When tribal people make up the majority of the population in a given area, this is referred to as "prominent numbers of tribal people."
    2. The space is compact and of sufficient size.
    3. A functional administrative unit, such as a district, block, or taluk,
    4. The area's economic backwardness in comparison to its neighbors.

Tribal Areas

• The regulations relating to the tribal territories of the four states of Assam, Meghalaya, Tripura, and Mizoram are listed in the Sixth Schedule.
• People living in the tribal areas of these four states have been allowed significant autonomy to govern themselves.
• These four states' tribal areas are known as 'Autonomous Districts,' but the state retains executive power over them.
• The governor of the state has the authority to organize and reorganize the tribal regions as autonomous districts. He can also change the name of tribal areas and their boundaries.
• A single autonomous district can contain multiple tribes, which the governor divides into autonomous regions for easier administration.
• There is a district council for each autonomous district:
  • It has 30 members
    • Four are nominated by the governor – They perform their duties during the pleasure of the governor
    • 26 are elected using the adult franchise – Their term of office is five years.
• For each autonomous district, there is a distinct regional council.
• With the governor's approval, regional and autonomous councils can pass laws related to the following:
  • Land
  • Forests
  • Canal water
  • Shifting cultivation
  • Village administration
  • Inheritance of property
  • Marriage and divorce
  • Social customs
• Village councils and courts of trials of cases may or may not exist within the territorial boundaries of autonomous and regional councils to resolve conflicts that arise between tribes. Such matters can also be taken over by the High Court, but only if the governor has given his approval.
• These autonomous and regional councils are exempt from the central and state acts (unless modified and accepted.)
• The following are the tribal areas in each of the four states:

Conclusion

• Although special constitutional protections for marginalized groups are necessary to ensure historical injustices against them.
• To deal with this sensitive subject, the government and other agencies must gain the trust of tribals and non-tribals in the region and instill a sense of security and belonging among them.

FAQs

MCQs

1. Which Schedule of the Constitution of India deals with the administration of Scheduled Areas?

A) Fourth Schedule
B) Fifth Schedule
C) Sixth Schedule
D) Seventh Schedule

2. What does the Sixth Schedule of the Indian Constitution pertain to?

A) Special provisions for Scheduled Tribes
B) Tribal areas in Assam, Meghalaya, Tripura, and Mizoram
C) The administration of Panchayats
D) None of the above

3. Which of the following states does NOT have Scheduled Areas under the Fifth Schedule?

A) Rajasthan
B) Haryana
C) Chhattisgarh
D) Odisha

4. What is the role of the Governor in Scheduled Areas?

A) To enact laws for tribal welfare
B) To appoint a Tribes Advisory Council
C) To modify existing laws for tribal welfare
D) All of the above

5. Which of the following is the primary objective of the Fifth Schedule?

A) To ensure the development of urban areas
B) To safeguard the rights and interests of the tribal population
C) To establish Panchayats
D) To provide economic aid to backward regions

GS Mains Questions and Model Answers

Q1: Analyze the provisions of the Fifth and Sixth Schedules of the Indian Constitution regarding the administration of tribal areas.

Answer: The Fifth and Sixth Schedules of the Indian Constitution provide special provisions for the administration of tribal areas to protect the rights and interests of tribal populations. The Fifth Schedule applies to states with a significant tribal population and ensures the establishment of tribal areas with special governance structures, such as the Tribes Advisory Council and the Governor's special powers. The Sixth Schedule, on the other hand, is applicable to the tribal areas of Assam, Meghalaya, Tripura, and Mizoram. It provides for autonomous district councils that enable local governance while preserving tribal customs and practices. Both Schedules aim to address the socio-economic challenges faced by tribal communities and promote their welfare through protective measures and self-governance.

Q2: What are the challenges faced in implementing the provisions for Scheduled and Tribal Areas in India?

Answer: Despite the constitutional safeguards, the implementation of provisions for Scheduled and Tribal Areas faces several challenges. One of the major challenges is the lack of adequate infrastructure, including education, healthcare, and transportation, in these areas. Tribal communities often face issues related to displacement due to developmental projects and the encroachment of non-tribal populations on tribal lands. Additionally, the lack of political empowerment and inadequate representation in decision-making bodies often leads to tribal interests being sidelined. There is also a challenge in the effective functioning of Tribal Advisory Councils and ensuring that the special powers of Governors are used effectively. Ensuring the welfare of tribal communities requires a more focused approach to overcoming these challenges through stronger policy implementation and community participation.

Q3: Discuss the role of the Governor in the governance of Scheduled Areas under the Fifth Schedule of the Constitution.

Answer: Under the Fifth Schedule of the Constitution, the Governor plays a crucial role in the governance of Scheduled Areas by exercising special powers to safeguard tribal interests. The Governor can modify laws that are applicable in these areas, provide for the establishment of Tribes Advisory Councils, and issue directives on the management of tribal areas. The Governor also has the authority to regulate land rights and ensure that tribal land is not alienated to non-tribal people. Additionally, the Governor is responsible for ensuring that policies and laws related to tribal welfare are effectively implemented, thereby protecting the socio-economic and cultural rights of tribal communities in these areas.

Previous Year Questions on Scheduled and Tribal Areas

1. UPSC CSE Mains 2022 (GS Paper 2):

Question: "Discuss the constitutional safeguards provided for the protection and welfare of the tribal population in India."

Answer: The Indian Constitution provides constitutional safeguards for the protection and welfare of the tribal population through provisions under the Fifth and Sixth Schedules. These provisions ensure that tribal communities have autonomy, cultural preservation, and protection of their lands and rights. The Fifth Schedule covers areas with large tribal populations, while the Sixth Schedule specifically deals with the tribal areas in Assam, Meghalaya, Tripura, and Mizoram, offering them local self-governance. Additionally, the Tribes Advisory Councils help in decision-making regarding tribal welfare, ensuring that their interests are prioritized in the governance of these areas.

2. UPSC CSE Mains 2021 (GS Paper 2):

Question: "Examine the role of the Governor in the governance of Scheduled Areas as per the Fifth Schedule of the Indian Constitution."

Answer: The Governor plays a pivotal role in the governance of Scheduled Areas under the Fifth Schedule. They have the power to regulate laws and ordinances affecting tribal areas, ensuring that they do not harm tribal interests. The Governor can also appoint Tribes Advisory Councils to advise on matters related to the welfare of tribal communities. Furthermore, the Governor can intervene to prevent the alienation of tribal lands and ensure that policies meant for the welfare of tribal people are implemented effectively, contributing to their social, economic, and cultural development.