Polity (Scheduled and Tribal Areas in India)

Overview

The Constitution of India provides special provisions for the administration and welfare of scheduled areas and tribal areas. Article 244 in Part X specifically envisions a unique administrative system to address the distinct needs of these areas.

1. Scheduled Areas (Fifth Schedule)

The Fifth Schedule outlines the administration of scheduled areas across most Indian states, excluding Assam, Meghalaya, Tripura, and Mizoram, which fall under the Sixth Schedule. Scheduled areas are designated for tribal populations who are typically economically and socially underprivileged. Here’s how these areas are governed:

a) Declaration of Scheduled Areas

• Authority: The President can declare an area as “scheduled” and has the power to modify these boundaries with the state governor’s input.
• Criteria:
• High tribal population density
• Compactness and manageable area size
• Administrative feasibility (like a district or block)
• Comparatively poor economic development

b) State and Central Executive Powers

• State Powers: The state’s executive authority applies in scheduled areas, but the governor has specific responsibilities, like submitting reports on the area’s administration to the President.
• Central Powers: The Centre can direct states on managing these areas.

c) Tribes Advisory Council (TAC)

• Composition: Each state with scheduled areas must form a TAC with 20 members, 75% of whom represent scheduled tribes.
• Role: The council advises on matters related to tribal welfare.

d) Legal Autonomy

• Governor’s Powers: The governor can exclude specific laws or adapt them for scheduled areas, ensuring they suit tribal needs.
• Regulations: The governor can regulate land transfers and business practices, especially around money-lending, which affects tribal welfare. All such regulations need the President’s assent.

e) Commissions

• Purpose: Commissions assess the welfare of tribes in scheduled areas.
• Frequency: Established every ten years, with notable commissions in 1960 (U.N. Dhebar) and 2002 (Dilip Singh Bhuria).

2. Tribal Areas (Sixth Schedule)

The Sixth Schedule provides distinct administrative arrangements for tribal areas in Assam, Meghalaya, Tripura, and Mizoram. These provisions offer a level of autonomy due to the unique cultural and social makeup of tribes in these northeastern states.

a) Autonomous Districts

• Designation: Areas with significant tribal populations are designated as autonomous districts within the respective states, yet still under state executive power.
• Governor’s Role: The governor can adjust district boundaries and, if required, divide districts into smaller autonomous regions based on tribal diversity.

b) District and Regional Councils

• Structure: Each district council has 30 members (26 elected, 4 nominated by the governor). Regional councils operate where there are diverse tribal groups within a district.
• Functions: These councils oversee land, forests, village administration, customs, and social issues like marriage. Their laws require the governor’s assent.

c) Judicial and Educational Powers

• Village Councils: These councils manage minor civil cases within their jurisdictions.
• Educational Role: Councils can establish schools and health facilities, among other public services, funded by local taxes.

d) Taxation and Revenue

• Powers: Councils can levy certain taxes and collect land revenue within their areas.

e) Legislative Autonomy

• Exemption from State and Central Laws: District and regional councils decide on the applicability of national and state laws, with modifications if necessary.

f) Oversight and Dissolution

• Governor’s Authority: The governor may form a commission to evaluate the council’s operations and, if needed, dissolve councils based on recommendations.

Summary Table of Articles Related to Scheduled and Tribal Areas

3. Specific Features and Autonomy of Tribal Areas in the Northeastern States

The Constitution grants substantial autonomy to tribal areas in Assam, Meghalaya, Tripura, and Mizoram, recognizing their unique cultural heritage and social structures.

a) Autonomy and Self-Government

• Autonomous Districts: Governed by district councils, these areas can self-administer to an extent, preserving tribal customs and practices.
• Distinct Administration: Unlike other scheduled areas, these tribal regions enjoy a higher degree of self-governance to manage local resources, customs, and judicial matters.

b) Powers of District and Regional Councils

• Legislative Powers: Councils can legislate on specific areas such as:
• Land management
• Forest conservation
• Shifting cultivation practices
• Administration at the village level
• Marriage, divorce, and inheritance
• Social customs
• Economic Activities: Councils control activities like trading and money-lending, particularly those involving non-tribals, which helps protect the tribal economy.

c) Village Councils and Local Judiciary

• Judicial Authority: Village councils have the power to resolve local disputes and manage minor legal matters within their communities.
• Appeals Process: Higher courts may have jurisdiction over these cases, but the governor sets the parameters for such appeals.

d) Revenue and Infrastructure Development

• Taxation: District and regional councils can impose taxes within their jurisdiction to fund local governance and development.
• Public Services: Councils manage basic services, including schools, health dispensaries, markets, and infrastructure like roads and fisheries.

Rationale Behind Special Provisions for Tribal Areas

The Constitution’s Sixth Schedule recognizes the distinctiveness of northeastern tribes who retain unique cultural identities that have not assimilated into broader Indian society as much as tribal communities in other parts of the country. This framework supports:

• Cultural Preservation: Tribal customs and governance structures remain integral to local administration.
• Autonomy for Self-Government: Councils in these regions have the flexibility to create laws and policies that align with their traditional lifestyles, supporting both preservation and development.

Summary of Differences Between Fifth and Sixth Schedules