Scheduled and Tribal Areas

Let’s start with a simple thought-provoking question:

Why did the Constitution of India feel the need to create “special systems of administration” for some areas?

The answer lies in India’s social diversity and historical reality.
Some regions, especially those with a predominantly tribal population, were socially and economically backward, and had distinct cultures.
So, the Constitution provided special administrative mechanisms to protect their rights and promote their development — without disturbing their traditional way of life.

🟢 Constitutional Basis

• The special provisions for such areas are found in Article 244 under Part X of the Constitution.
• These provisions divide such regions into two categories, each governed by a different Schedule:

Category	Constitutional Provision	Governs	Applicable States
Scheduled Areas	Fifth Schedule	Administration & control of Scheduled Areas and Scheduled Tribes	All states except Assam, Meghalaya, Tripura & Mizoram
Tribal Areas	Sixth Schedule	Administration of Tribal Areas	Only in Assam, Meghalaya, Tripura & Mizoram

🟩 Administration of Scheduled Areas (Fifth Schedule)

🟢 Purpose / Objective

The idea behind Scheduled Areas was not just governance, but protection and preservation:

• Preserve tribal autonomy and culture
• Promote economic empowerment
• Ensure social, economic and political justice
• Protect tribals from exploitation and social injustice

That’s why the Fifth Schedule is often called a

“Constitution within the Constitution” — because it provides a complete framework for administering these areas in a self-contained manner.

🟢 Features of Administration under the Fifth Schedule

Let’s go point by point 👇

1️⃣ Declaration of Scheduled Areas

• The President has the power to declare any area as a Scheduled Area.
• The President can also:
  • Increase or decrease its area,
  • Alter its boundaries,
  • Rescind (cancel) the designation, or
  • Redesignate an area — but only after consulting the Governor of the concerned state.

📘 Criteria (though not in the Constitution, but established in practice):

1. Preponderance of tribal population
2. Compactness and reasonable size of the area
3. Viable administrative unit (like a district or block)
4. Economic backwardness compared to neighboring areas

2️⃣ Executive Power of State and Centre

• The State Government has executive power in Scheduled Areas.
• But the Governor has special responsibility:
  • Must submit annual or periodic reports to the President regarding administration of these areas.
• The Central Government can issue directions to states regarding administration of such areas.

🟨 Hence, governance in Scheduled Areas becomes a joint responsibility of both Centre and State.

3️⃣ Tribes Advisory Council (TAC)

To ensure participation of tribals in their own governance:

• Every state having Scheduled Areas must establish a Tribes Advisory Council (TAC).
• Composition:
  • 20 members
  • ¾ (three-fourths) must be representatives of Scheduled Tribes in the State Legislative Assembly
• Function: Advise on matters concerning the welfare and advancement of Scheduled Tribes.
• Even in a state without Scheduled Areas but having tribal population, the President may direct creation of such a Council.

4️⃣ Law Applicable to Scheduled Areas

The Governor enjoys special legislative powers here:

• He/she may direct that any Act of Parliament or State Legislature:
  • Does not apply to a Scheduled Area, or
  • Applies with specific modifications or exceptions.
• He/she can also make regulations for the peace and good government of Scheduled Areas, after consulting the Tribes Advisory Council.

📘 Such regulations may:

1. Restrict transfer of tribal lands,
2. Regulate land allotment to tribals,
3. Control money-lending and economic exploitation,
4. Even repeal or amend any existing Act applicable to the area.

However — all such regulations require the President’s assent before coming into force.

5️⃣ Commission on Scheduled Areas

• The President must appoint a Commission to report on:
  • The administration of Scheduled Areas, and
  • The welfare of Scheduled Tribes.
• This must be done within 10 years of the Constitution’s commencement, and later as required.

📗 Important Commissions:

Commission	Year	Chairperson	Report Submitted
First Commission	1960	U.N. Dhebar	1961
Second Commission	2002	Dilip Singh Bhuria	2004

🟩 Administration of Tribal Areas (Sixth Schedule)

Now, let’s shift our focus to the Northeast — a region with distinct historical and cultural contexts.

🟢 Rationale for a Separate Schedule

The tribal communities of Northeast India had:

• Strong traditional systems of self-governance,
• Distinct languages and customs, and
• Deep attachment to their land.

So, instead of mere protection (as in the Fifth Schedule), the Sixth Schedule focuses on self-rule and autonomy.

👉 This is the big conceptual difference:

• Fifth Schedule = Protection-oriented (Central and State supervision)
• Sixth Schedule = Autonomy-oriented (Self-governance)

🟢 Tribal Areas under the Sixth Schedule

At present, there are ten tribal areas spread across the four northeastern states — Assam, Meghalaya, Tripura, and Mizoram.

🟢 Features of Administration under the Sixth Schedule

1️⃣ Autonomous Districts

• The tribal areas in these four states are designated as Autonomous Districts.
• These districts remain within the state’s executive authority,
  but enjoy considerable autonomy in their internal administration.

2️⃣ Power of the Governor

• The Governor can organise or reorganise these Autonomous Districts:
  • Increase or decrease their area,
  • Change their name or boundaries,
  • Merge or divide districts.
• If multiple tribes inhabit the same district, the Governor can create Autonomous Regions within it.

3️⃣ District and Regional Councils

Each Autonomous District has a District Council; each Autonomous Region has a Regional Council.

Feature	Detail
Composition	30 members — 26 elected (adult franchise), 4 nominated by Governor
Term	5 years for elected members; nominated members hold office during Governor’s pleasure
Head	Chairman and Deputy Chairman (elected by members)

4️⃣ Legislative Powers of Councils

• The District and Regional Councils can make laws on specified subjects such as:
  • Land, forests, canals, shifting cultivation,
  • Village administration, inheritance, marriage and divorce,
  • Social customs, etc.

However — all such laws require the Governor’s assent.

5️⃣ Judicial Powers

• The Councils can establish Village Councils or Courts to decide tribal disputes.
• They can also hear appeals from such village courts.
• The Governor determines the extent of High Court’s jurisdiction over these cases.

6️⃣ Administrative and Developmental Functions

The District Council can:

• Establish and manage schools, dispensaries, markets, roads, fisheries, ferries, etc.
• Regulate money-lending and trade by non-tribals (again, with Governor’s assent).

7️⃣ Financial Powers

The Councils can:

• Assess and collect land revenue,
• Levy and collect certain taxes (like on lands, animals, vehicles, markets, etc.)

This gives them a limited but important financial autonomy.

8️⃣ Applicability of Parliamentary or State Laws

• Acts of Parliament or State Legislature do not automatically apply to these Autonomous Districts.
• They apply only if approved by the District Council, or apply with modifications as specified.

9️⃣ Governor’s Supervisory Role

• The Governor may appoint a Commission to review administration in any Autonomous District or Region.
• On its recommendation, the Governor may even dissolve a District or Regional Council if necessary.

🟩 Conceptual Understanding

Aspect	Fifth Schedule (Scheduled Areas)	Sixth Schedule (Tribal Areas)
Applicable To	All States except NE 4	Assam, Meghalaya, Tripura, Mizoram
Objective	Protection of Tribals	Self-governance of Tribals
Administered By	Governor & President	Governor + Autonomous Councils
Law-making Power	Governor (with President’s assent)	District & Regional Councils (with Governor’s assent)
Focus	Welfare & control	Autonomy & local governance
Example States	Jharkhand, Chhattisgarh, Odisha, MP	Assam, Meghalaya, Mizoram, Tripura

🟩 Summary

“The Fifth and Sixth Schedules represent the Constitution’s sensitivity to diversity.
While the Fifth Schedule protects tribal interests under Central and State supervision,
the Sixth Schedule goes a step further — granting autonomous self-rule to preserve the unique social fabric of the Northeast.
Together, they ensure that unity does not destroy diversity, and diversity does not threaten unity.”

Tribal Areas at a Glance

Sl. No.	States	Tribal Areas
1.	Assam	1. North Cachar Hills District 2. Karbi Anglong District 3. Bodoland Territorial Areas District
2.	Meghalaya	1. Khasi Hills District 2. Jaintia Hills District 3. Garo Hills District
3.	Tripura	Tripura Tribal Areas District
4.	Mizoram	1. Chakma District 2. Mara District 3. Lai District

📋Articles Related to Scheduled and Tribal Areas at a Glance

Article No.	Subject-matter
244	Administration of Scheduled Areas and Tribal Areas
244A	Formation of an autonomous state comprising certain tribal areas in Assam and creation of local legislature or Council of Ministers or both therefor
339	Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes