👉 Scheduled and Tribal Areas in India: Governance, Provisions & Key Challenges

Indian Polity: Understanding India's Scheduled and Tribal Areas – Governance, Challenges, and Provisions

Table of Contents

1. Introduction: The Unique Constitutional Framework
2. Historical and Constitutional Background
   • Pre-Independence Context
   • Constituent Assembly Debates and Philosophy
   • Articles 244 and 244A: The Bedrock Provisions
3. The Fifth Schedule: Administration of Scheduled Areas
   • Declaration and Identification of Scheduled Areas
   • Key Provisions and Governance Mechanism
     • Role of the President
     • Role of the Governor
     • Tribes Advisory Council (TAC)
   • States Under the Fifth Schedule
   • Special Laws in Scheduled Areas: PESA and FRA
     • The Panchayats (Extension to the Scheduled Areas) Act (PESA), 1996
     • The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act (FRA), 2006
4. The Sixth Schedule: Administration of Tribal Areas
   • Applicability and Historical Context (Bordoloi Committee)
   • Autonomous Districts and Autonomous Regions
   • Autonomous District Councils (ADCs) and Regional Councils (ARCs)
     • Composition
     • Powers and Functions (Legislative, Executive, Judicial, Financial)
   • States Under the Sixth Schedule
5. Comparative Analysis: Fifth vs. Sixth Schedule
6. Challenges in Governance and Implementation
   • Fifth Schedule Challenges
   • Sixth Schedule Challenges
   • PESA Act Implementation Issues
   • Land Alienation and Resource Exploitation
   • Inclusion and Exclusion Anomalies
7. Judicial Interpretations and Landmark Cases
   • Samatha vs. State of Andhra Pradesh (1997)
   • Other Significant Pronouncements
8. Constitutional Amendments and Reforms
   • Key Amendments
   • Recent Reforms and Debates
9. Conclusion and Way Forward
10. Practice Questions & Answers
    • Multiple-Choice Questions (MCQs)
    • Scenario-Based Questions
    • Match-the-Following

1. Introduction: The Unique Constitutional Framework

India, a nation celebrated for its diversity, comprises a significant population of Scheduled Tribes (STs), forming approximately 8.6% of the total population across 26 states and six Union Territories. To protect their unique cultural identities, traditional practices, and socio-economic interests, the Indian Constitution incorporates special provisions for the administration and control of areas predominantly inhabited by these tribal communities. These provisions are primarily enshrined in Part X of the Constitution, particularly Articles 244 and 244A, which are operationalized through the Fifth Schedule and the Sixth Schedule. These schedules establish distinct governance mechanisms, recognizing the unique needs and historical marginalization of tribal communities and aiming to foster their development and self-governance while safeguarding them from exploitation. Former Chief Justice of India, M. Hidayatullah, aptly described these schedules as "a Constitution within the Constitution" due to their unique provisions for administering tribal regions.

2. Historical and Constitutional Background

Pre-Independence Context

Before India's independence, the British colonial administration categorized tribal areas as "Excluded" and "Partially Excluded Areas" under the Government of India Acts of 1919 and 1935. These areas were kept outside the purview of regular administration to prevent interference with tribal customs and to control access to rich natural resources. While this provided some isolation, it also led to severe neglect in terms of development and integration.

Constituent Assembly Debates and Philosophy

The framers of the Indian Constitution were deeply conscious of the need to address the historical injustices and unique challenges faced by tribal communities. The debates in the Constituent Assembly reflected a delicate balance between assimilation and protection, aiming for integration without imposing mainstream cultures. B.R. Ambedkar, a key architect of the Constitution, justified the differential treatment of tribal areas by highlighting that tribes in regions other than Assam were "more or less Hinduised" and assimilated, while those in Assam (Northeast) retained more distinct cultures. This distinction largely laid the groundwork for the creation of two separate schedules. The philosophy was to provide a special administrative framework to:

• Preserve tribal identity, culture, and customs.
• Protect tribal land and resources from alienation and exploitation.
• Promote socio-economic development suitable for tribal contexts.
• Enable tribal self-governance and participation in decision-making processes.

Articles 244 and 244A: The Bedrock Provisions

Part X of the Indian Constitution, titled "The Scheduled and Tribal Areas," contains the foundational provisions for their administration:

• Article 244: Administration of Scheduled Areas and Tribal Areas

  • Article 244(1): States that the provisions of the Fifth Schedule shall apply to the administration and control of the Scheduled Areas and Scheduled Tribes in any State other than the States of Assam, Meghalaya, Tripura, and Mizoram.
  • Article 244(2): States that the provisions of the Sixth Schedule shall apply to the administration of the tribal areas in the States of Assam, Meghalaya, Tripura, and Mizoram.

• Article 244A: Formation of an autonomous State comprising certain tribal areas in Assam and creation of local Legislature or Council of Ministers or both therefor

  • This article, inserted by the 22nd Constitutional Amendment Act of 1969, empowers Parliament to form an autonomous state comprising certain tribal areas in Assam and to create a local Legislature or a Council of Ministers, or both, for it. This was a direct response to the demands for greater autonomy in certain tribal regions of Assam, particularly those that would eventually form Meghalaya and Mizoram.

Other Relevant Constitutional Articles for Tribal Welfare:

• Article 15(4): Enables the State to make special provisions for the advancement of any socially and educationally backward classes of citizens, including Scheduled Tribes.
• Article 46: Directs the State to promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and to protect them from social injustice and all forms of exploitation.
• Article 275(1): Provides for grants-in-aid from the Union to certain states (specifically mentioned are those with Scheduled Areas and Tribal Areas) for promoting the welfare of Scheduled Tribes and for raising the level of administration of the Scheduled Areas.
• Article 330 & 332: Provide for the reservation of seats for Scheduled Tribes in the Lok Sabha and State Legislative Assemblies, respectively, ensuring their political representation.
• Article 338A: Establishes the National Commission for Scheduled Tribes (NCST) to investigate and monitor all matters relating to the safeguards provided for the Scheduled Tribes under the Constitution.
• Article 339(1): Empowers the President to appoint a Commission to report on the administration of Scheduled Areas and the welfare of Scheduled Tribes in the states. Such a commission must be established after 10 years from the commencement of the Constitution. The first such commission was the U.N. Dhebar Commission in 1960.
• Article 342: Empowers the President to specify the tribes or tribal communities, or parts of or groups within tribes or tribal communities which shall, for the purposes of this Constitution, be deemed to be Scheduled Tribes.

3. The Fifth Schedule: Administration of Scheduled Areas

The Fifth Schedule deals with the administration and control of Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram. These areas are characterized by a preponderance of tribal population and economic backwardness.

Declaration and Identification of Scheduled Areas

• Presidential Power: The President of India is empowered to declare an area as a 'Scheduled Area' by order. The President can also increase, decrease, alter boundaries, or denotify a Scheduled Area in consultation with the Governor of the concerned state.
• Criteria for Declaration: Neither the Constitution nor any law explicitly provides criteria for identifying Scheduled Areas. However, based on the Dhebar Commission Report (1961), the guiding norms are:
  • Preponderance of tribal population (ideally not less than 50%).
  • Compactness and reasonable size of the area.
  • Underdeveloped nature of the area.
  • Marked disparity in the economic standard of the people compared to neighboring areas.
  • A viable administrative entity (e.g., district, block, or taluk).

Key Provisions and Governance Mechanism

The executive power of a state extends to the Scheduled Areas within it. However, this administration is subject to the special provisions of the Fifth Schedule.

Role of the President

• Declares, alters, and denotifies Scheduled Areas.
• Receives annual reports from Governors regarding the administration of Scheduled Areas.
• Has the power to give directions to states regarding the administration of Scheduled Areas.
• Can direct the establishment of a Tribes Advisory Council in any state having Scheduled Tribes but not Scheduled Areas.

Role of the Governor

• Special Responsibility: The Governor has special responsibilities regarding the tribal populations in Scheduled Areas.
• Annual Report: The Governor must submit an annual report to the President regarding the administration of Scheduled Areas in their state.
• Law-Making Power:
  • The Governor can direct that any particular Act of Parliament or of the State Legislature does not apply to a Scheduled Area or any part thereof, or applies with specified modifications and exceptions.
  • The Governor can make regulations for the peace and good governance of any Scheduled Area, particularly concerning:
    • Prohibiting or restricting the transfer of land by or among members of Scheduled Tribes.
    • Regulating the allotment of land to members of Scheduled Tribes.
    • Regulating the business of money-lending by persons who lend money to members of Scheduled Tribes.
  • Such regulations require the assent of the President.
• Consultation with TAC: The Governor makes regulations after consulting the Tribes Advisory Council (TAC).

Tribes Advisory Council (TAC)

• Mandatory Establishment: Each state having Scheduled Areas must establish a Tribes Advisory Council. The President can also direct the establishment of a TAC in a state having Scheduled Tribes but not Scheduled Areas.
• Composition: It consists of not more than 20 members. As nearly as three-fourths of the members must be representatives of Scheduled Tribes in the State Legislative Assembly. The remaining seats are filled by other members of those tribes if ST representation in the assembly is less than the required number for the TAC.
• Function: The duty of the TAC is to advise the Governor on matters pertaining to the welfare and advancement of the Scheduled Tribes in the state, as may be referred to them by the Governor. The Chief Minister of the state is often the chairperson of the TAC.

Diagram: Governance Structure in Fifth Schedule Areas

Explanation: This flowchart illustrates the hierarchical and consultative nature of governance in Fifth Schedule Areas. The President has overarching control, with the Governor acting as a crucial intermediary who can modify state/central laws and frame specific regulations for Scheduled Areas, always in consultation with the Tribes Advisory Council, which represents tribal interests.

States Under the Fifth Schedule

Currently, 10 states have 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

Special Laws in Scheduled Areas: PESA and FRA

The Panchayats (Extension to the Scheduled Areas) Act (PESA), 1996

• Background: The 73rd Constitutional Amendment Act, 1992, introduced Part IX (Panchayats) to the Constitution, but its provisions did not automatically apply to Scheduled Areas (Article 243M). The Bhuria Committee (1995) was constituted to recommend how Part IX could be extended to these areas. Based on its recommendations, PESA was enacted.
• Objective: To extend the provisions of Part IX to Scheduled Areas with certain modifications, enabling tribal self-rule through Gram Sabhas. It aims to preserve tribal customs, traditional practices, and ensure community control over natural resources.
• Key Provisions:
  • Gram Sabha Empowerment: PESA recognizes the Gram Sabha as the primary authority for self-governance. It has the authority to approve plans for social and economic development, identify beneficiaries, and control local plans and resources.
  • Mandatory Consultation: State legislatures must endow Gram Sabhas and Panchayats with powers for preventing land alienation, regulating the sale of intoxicants, and exercising control over minor forest produce, minor minerals, and minor water bodies.
  • Control over Resources: Gram Sabhas should be consulted before land acquisition for development projects and for rehabilitation and resettlement. They also have rights regarding planning and management of minor water bodies.
  • Reservation: Reservation of seats in Panchayats in Scheduled Areas must be proportional to the population of communities, with not less than one-half of the total seats reserved for Scheduled Tribes. The chairperson at every level must belong to a Scheduled Tribe.
• Significance: PESA is a landmark legislation promoting participatory democracy and empowering tribal communities to manage their affairs, protect their resources, and preserve their cultural identity.

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act (FRA), 2006

• Objective: To recognize and vest forest rights and occupation in forest land in Forest Dwelling Scheduled Tribes (FDSTs) and Other Traditional Forest Dwellers (OTFDs) who have been residing in such forests for generations but whose rights were not formally recorded. It seeks to correct "historical injustice" caused by colonial-era forest laws.
• Types of Rights Recognized:
  • Title Rights: Ownership to land farmed by tribals/forest dwellers, up to 4 hectares, provided they were cultivating it as of December 13, 2005. No new lands are granted.
  • Use Rights: Rights to minor forest produce (including ownership), grazing areas, pastoralist routes, and other community resources.
  • Relief and Development Rights: Rehabilitation in case of illegal eviction or forced displacement.
  • Forest Management Rights: Rights to protect, regenerate, conserve, or manage any community forest resource that they have traditionally protected.
• Role of Gram Sabha: The Gram Sabha is the authority to initiate the process of vesting forest rights, assess claims, verify them, and pass resolutions.
• Significance: FRA empowers local self-governance, addresses poverty alleviation, and strengthens conservation by involving communities, particularly women, in decision-making and resource management.

4. The Sixth Schedule: Administration of Tribal Areas

The Sixth Schedule contains special provisions for the administration of tribal areas in four northeastern states: Assam, Meghalaya, Tripura, and Mizoram. These areas are called "Tribal Areas" rather than "Scheduled Areas," and the emphasis is on granting considerable autonomy and self-rule to tribal communities.

Applicability and Historical Context (Bordoloi Committee)

• The Sixth Schedule originated from the recommendations of the Bordoloi Committee, formed by the Constituent Assembly in 1947. This committee emphasized the need for an administrative system that fostered tribal development, protected these areas from exploitation by people from the plains, and preserved their unique social customs.
• The schedule applies to tribal areas in:
  1. Assam (North Cachar Hills, Karbi Anglong, Bodo Territorial Region)
  2. Meghalaya (Khasi Hills, Jaintia Hills, Garo Hills)
  3. Tripura (Tripura Tribal Areas)
  4. Mizoram (Chakma, Mara, Lai Districts)

Autonomous Districts and Autonomous Regions

• The tribal areas in these four states are constituted as Autonomous Districts.
• If an autonomous district is inhabited by different tribes, the Governor can divide the district into several Autonomous Regions.
• These autonomous entities are not entirely outside the executive authority of the state but enjoy significant self-governance.

Autonomous District Councils (ADCs) and Regional Councils (ARCs)

Each Autonomous District has a District Council, and each Autonomous Region has a separate Regional Council. These councils are the primary institutions of self-governance.

Composition

• Members: Each ADC/ARC can have up to 30 members.
• Election/Nomination: Not more than four members are nominated by the Governor, and the remaining members (up to 26) are elected on the basis of adult franchise.
• Term: The term of the elected members is five years, unless the council is dissolved earlier.

Powers and Functions

ADCs and ARCs are endowed with legislative, executive, judicial, and financial powers.

• Legislative Powers:

  • Can make laws on certain specified matters such as: land (excluding reserved forests), forest management (excluding reserved forests), canal water, shifting cultivation, village administration, inheritance of property, marriage and divorce, social customs, appointment of traditional chiefs and headmen.
  • Laws made by the councils require the assent of the Governor to come into effect.
  • Acts of Parliament or the State Legislature may or may not apply to autonomous districts/regions, or may apply with modifications, as directed by the Governor (for state acts) or the President (for parliamentary acts).

• Executive Powers:

  • Establish, construct, or manage primary schools, dispensaries, markets, ferries, fisheries, roads, and other infrastructure.
  • Administer developmental schemes and welfare programs.
  • Regulate money-lending and trading by non-tribals.

• Judicial Powers:

  • Can constitute Village Councils or courts for the trial of suits and cases between members of Scheduled Tribes.
  • Hear appeals from these courts.
  • The Governor can specify the jurisdiction of the High Court over these suits and cases.

• Financial Powers:

  • Are empowered to prepare a budget for their respective councils.
  • Assess and collect land revenue and levy taxes on professions, trades, vehicles, entry of goods into markets, tolls on ferries, and for maintenance of schools, dispensaries, or roads.
  • Receive grants-in-aid from the Consolidated Fund of India and the State.

Diagram: Governance Structure in Sixth Schedule Areas

Explanation: This diagram shows the significant autonomy granted to ADCs/ARCs in Sixth Schedule areas. They have both elected and nominated members, possess distinct legislative, executive, and judicial powers, and also have financial autonomy, making them powerful self-governing bodies, albeit with the Governor's assent required for their laws.

5. Comparative Analysis: Fifth vs. Sixth Schedule

The Fifth and Sixth Schedules, while both designed for tribal welfare, differ significantly in their scope, governance structures, and degree of autonomy.

6. Challenges in Governance and Implementation

Despite the constitutional safeguards, both the Fifth and Sixth Schedules, along with PESA and FRA, face significant challenges in their effective implementation and in achieving their objectives.

Fifth Schedule Challenges

• Lack of Genuine Self-Governance: The term "control" in the Fifth Schedule is often interpreted as administrative control rather than empowering tribal self-governance, reducing TACs to mere advisory bodies.
• Limited Powers of TACs: TACs lack real legislative and financial powers, unlike ADCs in the Sixth Schedule. Their recommendations are often not binding and depend on the Governor's discretion and the State Cabinet's will.
• Ambiguity in Governor's Discretion: There's a lack of clarity on whether the Governor can act on their own discretion or only on the advice of the Council of Ministers, potentially reducing their role to ceremonial.
• Non-Uniform Implementation: The effectiveness of the Fifth Schedule varies significantly across states due to differing political wills and administrative capacities.
• Exclusion of Tribal Areas: Many tribal-dominated areas and villages within the 10 Fifth Schedule states, and even in other states with significant ST populations, are not notified as Scheduled Areas, denying them constitutional protections.

Sixth Schedule Challenges

• Lack of Democratic Decentralization: While ADCs provide autonomy, some critics argue that power is concentrated in a few elected members, lacking decentralization at the grassroots level (e.g., absence of Panchayats/Parishads in some areas).
• Corruption and Misuse of Funds: Instances of misappropriation of government funds and corruption in District Councils have been reported, hindering genuine development.
• Discrimination Against Non-Tribals: The extensive autonomy and protective laws in Sixth Schedule areas can sometimes lead to discrimination against non-tribal residents, potentially infringing upon their fundamental rights (e.g., right to equality, right to settle anywhere). This has led to ethnic tensions in some areas.
• Jurisdictional Conflicts: Overlapping jurisdictions between state governments and ADCs can create confusion, slow down decision-making, and hinder law enforcement.
• Demand for More Autonomy/Inclusion: New Union Territories like Ladakh demand Sixth Schedule status, and some tribal areas in other North-Eastern states (e.g., Manipur's hill areas, Arunachal Pradesh) also seek inclusion.

PESA Act Implementation Issues

• Partial and Inadequate State Compliance: Many states with Scheduled Areas have not fully framed or amended their Panchayati Raj Acts to align with the spirit of PESA. Some states have omitted fundamental principles or diluted the Act's provisions.
• Conflicting Laws: PESA can sometimes conflict with other central and state laws, such as the Forest Rights Act, Wildlife Protection Act, or state laws on money-lending and excise, creating confusion and implementation hurdles.
• Ambiguous Definitions: Terms like "minor water bodies," "minor minerals," or even the definition of a "village" under PESA have been ambiguously defined or left undefined, leading to varied interpretations and implementation challenges.
• Lack of Awareness and Capacity: Many tribal communities and even local officials are unaware of their rights and responsibilities under PESA, hindering its effective utilization.
• Bureaucratic Resistance and Political Will: Integration of PESA's provisions into existing administrative frameworks has been slow due to bureaucratic inertia, resistance to decentralization, and a lack of political will.
• "Consultation" vs. "Consent": The PESA Act mandates "consultation" with Gram Sabhas for land acquisition, but this is often misconstrued as not requiring their "approval," leading to continued exploitation and displacement.
• Transfer of Funds and Functionaries: The devolution of funds and functionaries to Gram Sabhas and Panchayats, as envisaged by PESA, has often not occurred effectively.

Land Alienation and Resource Exploitation

• Despite protective laws, tribal lands continue to be alienated through illegal transfers, fraudulent means, and inadequate rehabilitation measures for development projects (e.g., mining, dams, industries).
• Scheduled Areas are often rich in mineral resources, attracting corporate interests that sometimes lobby for favorable rulings, impacting tribal livelihoods and the environment.
• Lack of effective implementation of the Governor's powers to regulate land transfers under the Fifth Schedule remains a concern.

Inclusion and Exclusion Anomalies

• A significant portion of India's Scheduled Tribe population (estimated at 59%) lives outside the purview of Article 244 (Fifth and Sixth Schedules), thus being denied the rights and protections applicable to Scheduled Areas.
• Demands from various tribal organizations for the inclusion of more areas under the schedules or for the denotification of areas where the tribal population has diminished due to displacement or demographic shifts remain unaddressed.

7. Judicial Interpretations and Landmark Cases

The Supreme Court of India has played a pivotal role in interpreting the constitutional provisions relating to Scheduled and Tribal Areas, often reinforcing the protective spirit of the schedules.

Samatha vs. State of Andhra Pradesh (1997)

• Context: This landmark case dealt with the validity of mining leases granted to private corporations over forest land in Fifth Schedule Areas of Andhra Pradesh, despite regulations prohibiting the alienation of land to non-tribals.
• Ruling: The Supreme Court struck down the mining leases, holding that:
  • Government lands, forest lands, and tribal lands in Scheduled Areas cannot be leased out to non-tribals or private industries for mining operations, as this contravenes the Fifth Schedule.
  • Mining activity in Scheduled Areas can only be undertaken by a state-owned corporation or a cooperative of tribals, in compliance with environmental laws.
  • The Court recognized the 73rd Constitutional Amendment Act and the Andhra Pradesh Panchayati Raj (Extension to Scheduled Areas) Act (PESA), reiterating the need to give self-governance rights to tribals and empowering Gram Sabhas to safeguard community resources.
• Significance: This judgment strongly upheld tribal land rights and the protective mandate of the Fifth Schedule, restricting the entry of non-tribal entities into tribal areas for resource exploitation. It emphasized tribal autonomy and control over resources.

Other Significant Pronouncements

• Upholding Fundamental Rights in Scheduled Areas: The Supreme Court has affirmed that non-tribals have the right to reside and settle in Scheduled Areas, subject to reasonable restrictions by law, as it is a fundamental right under Article 19(1)(e). The Court also clarified that the Governor's power under the Fifth Schedule does not supersede fundamental rights.
• Sub-classification of SC/STs (Recent Ruling): In a recent landmark ruling (2024), a 7-judge Supreme Court bench permitted sub-classification of Scheduled Castes/Scheduled Tribes to grant separate quotas for more backward groups within these categories. This decision, overruling the 2004 E.V. Chinnaiah case, recognizes the heterogeneity within these groups and allows states to provide preferential treatment based on empirical data of backwardness, ensuring that the most marginalized among them also receive benefits.

8. Constitutional Amendments and Reforms

Key Amendments

• 22nd Constitutional Amendment Act, 1969: Inserted Article 244A, enabling Parliament to create an autonomous state within Assam for certain tribal areas, with its own legislature or Council of Ministers. This amendment paved the way for the formation of states like Meghalaya.
• Constitutional (Seventh Amendment) Act, 1956: Affected the wording in the Fifth Schedule related to the Governor or Rajpramukh.
• Fifth Schedule to the Constitution (Amendment) Act, 1976: Introduced provisions allowing the President to redefine Scheduled Areas in consultation with the Governor.
• 73rd and 74th Constitutional Amendment Acts, 1992: While not directly amending the Fifth or Sixth Schedules, they are crucial as they established the Panchayati Raj Institutions nationwide. Their non-applicability to Scheduled Areas necessitated the PESA Act, 1996, which extended Part IX to these areas with modifications.

Recent Reforms and Debates

• 125th Constitutional Amendment Bill (Proposed): This bill aims to further empower Autonomous District Councils (ADCs) under the Sixth Schedule with more financial and executive powers. It proposes to increase the financial resources of ADCs and enhance their legislative authority.
• J&K Scheduled Tribes Order (Amendment) Bill, 2024: Recently passed, this bill aims to amend the list of Scheduled Tribes in Jammu & Kashmir and Ladakh, including communities like Gadda Brahmin, Koli, Paddari Tribe, and Pahari Ethnic Group. It also provides for reservation for OBCs in panchayats and municipalities in J&K.
• Calls for Inclusion: There are ongoing demands for the inclusion of more tribal-dominated regions under the Fifth or Sixth Schedules, for example, certain hill areas of Manipur and Arunachal Pradesh.
• PESA Act Revival: There is a renewed focus on ensuring the proper implementation of the PESA Act, with states like Chhattisgarh, Madhya Pradesh, and Odisha recently establishing regulations for its enforcement, and Maharashtra also taking steps to align state laws with PESA. The need for tribal states to frame PESA rules expeditiously and in spirit is often debated.
• Convergence of Laws: Debates emphasize the need to converge provisions of the Forest Rights Act (2006), the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (2013), and PESA to avoid conflicts and effectively protect tribal rights.

9. Conclusion and Way Forward

The constitutional provisions for Scheduled and Tribal Areas represent a visionary attempt by India's founders to ensure justice, protection, and self-governance for its indigenous communities. The Fifth and Sixth Schedules, along with crucial legislations like PESA and FRA, form a unique legal and administrative framework. However, the journey towards true tribal empowerment remains fraught with challenges. Issues such as the dilution of powers of TACs, governance gaps in ADCs, inadequate implementation of PESA, continued land alienation, and bureaucratic indifference persist.

The Way Forward:

• Strengthening Governance Mechanisms: Empowering TACs with more substantive powers and ensuring their active involvement in policy-making, not just advisory roles.
• Effective PESA Implementation: All Fifth Schedule states must enact and implement PESA rules in letter and spirit, addressing ambiguities and ensuring genuine Gram Sabha empowerment over resources and development.
• Harmonizing Laws: Resolving conflicts and ensuring convergence between PESA, FRA, and other relevant land and forest laws to create a coherent legal framework that truly protects tribal rights and resources.
• Enhanced Financial Autonomy: Increasing financial devolution to ADCs and ensuring proper utilization of funds, along with accountability mechanisms.
• Capacity Building and Awareness: Raising awareness among tribal communities about their constitutional and statutory rights, and building the capacity of local self-governing bodies and officials for effective administration.
• Addressing Exclusion: Re-evaluating the criteria for Scheduled Areas and notifying all eligible tribal-dominated regions to extend constitutional protections to the maximum possible population.
• Role of Governor: Clarifying the discretionary powers of the Governor under the Fifth Schedule to ensure they act as effective custodians of tribal rights, independent of political pressures.
• Promoting Participatory Development: Ensuring that all development plans and projects in tribal areas are formulated with the Free, Prior, and Informed Consent (FPIC) of the local communities.

By actively addressing these issues, India can move closer to fulfilling the constitutional promise of dignity, autonomy, and equitable development for its Scheduled and Tribal populations.

10. Practice Questions & Answers

✅ Multiple-Choice Questions (MCQs)

Q1: Which of the following articles deals with the administration of Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram? a) Article 244(2) b) Article 244A c) Article 244(1) d) Article 275(1)

Answer: c) Article 244(1) Explanation: Article 244(1) specifically states that the provisions of the Fifth Schedule shall apply to the administration and control of the Scheduled Areas and Scheduled Tribes in any State other than the States of Assam, Meghalaya, Tripura, and Mizoram.

Q2: The Panchayats (Extension to the Scheduled Areas) Act (PESA) was enacted in which year? a) 1992 b) 1993 c) 1996 d) 2006

Answer: c) 1996 Explanation: The PESA Act was enacted on December 24, 1996, to extend the provisions of Part IX of the Constitution relating to Panchayats to the Scheduled Areas.

Q3: Which committee recommended the extension of Panchayati Raj to Scheduled Areas, leading to the enactment of PESA? a) Dhebar Commission b) Sarkaria Commission c) Bhuria Committee d) Kaka Kalelkar Commission

Answer: c) Bhuria Committee Explanation: The central government set up a committee chaired by Dilip Singh Bhuria in 1994 to examine tribal self-rule and recommend how Part IX could be applied to Scheduled Areas. Based on these recommendations, PESA was enacted.

Q4: Which of the following states is NOT covered under the Sixth Schedule of the Indian Constitution? a) Assam b) Meghalaya c) Nagaland d) Mizoram

Answer: c) Nagaland Explanation: The Sixth Schedule applies to the administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram. Nagaland, despite being a northeastern state with a significant tribal population, is not included.

Q5: The primary role of the Tribes Advisory Council (TAC) in a Fifth Schedule state is: a) To enact laws for the Scheduled Areas. b) To directly implement development projects. c) To advise the Governor on matters pertaining to the welfare and advancement of Scheduled Tribes. d) To levy taxes and manage the budget of the Scheduled Areas.

Answer: c) To advise the Governor on matters pertaining to the welfare and advancement of Scheduled Tribes. Explanation: The duty of the Tribes Advisory Council (TAC) is to advise the Governor on such matters pertaining to the welfare and advancement of the Scheduled Tribes in the State as may be referred to them by the Governor.

Q6: What is the maximum land area (in hectares) that can be claimed under title rights by a tribal or forest dweller family, as per the Forest Rights Act (FRA), 2006? a) 2 hectares b) 4 hectares c) 6 hectares d) 10 hectares

Answer: b) 4 hectares Explanation: The FRA grants title rights (ownership) to land being farmed by tribals or forest dwellers, subject to a maximum of 4 hectares, provided they were cultivating it as of December 13, 2005.

Q7: The landmark Supreme Court judgment in Samatha vs. State of Andhra Pradesh (1997) primarily addressed: a) Reservation policies for Scheduled Tribes in employment. b) The validity of mining leases granted to private corporations in Fifth Schedule Areas. c) The powers of Autonomous District Councils in the Northeast. d) The criteria for declaring an area as a Scheduled Area.

Answer: b) The validity of mining leases granted to private corporations in Fifth Schedule Areas. Explanation: The Samatha vs. State of Andhra Pradesh case specifically dealt with mining leases granted to private companies in Scheduled Areas, which the Supreme Court struck down, upholding tribal land rights.

Q8: Which Constitutional Amendment Act inserted Article 244A, enabling the formation of an autonomous state within Assam? a) 42nd Amendment Act b) 22nd Amendment Act c) 73rd Amendment Act d) 93rd Amendment Act

Answer: b) 22nd Amendment Act Explanation: Article 244A, which deals with the formation of an autonomous state comprising certain tribal areas in Assam, was inserted by the 22nd Constitutional Amendment Act of 1969.

🔍 Scenario-Based Questions

Q1: Scenario: A state government with Fifth Schedule Areas plans to construct a large industrial project that would require acquiring a significant portion of tribal land. What specific constitutional and legal provisions are in place to protect the tribal communities in this scenario, and what role would the Gram Sabha play?

Answer: In this scenario, several constitutional and legal provisions are designed to protect tribal communities in Fifth Schedule Areas:

1. Fifth Schedule Provisions: The Governor of the state has special responsibilities. Under Paragraph 5 of the Fifth Schedule, the Governor can make regulations for the peace and good governance of the Scheduled Area, which includes prohibiting or restricting the transfer of land by or among members of Scheduled Tribes. Any state law allowing such acquisition without adequate safeguards could be scrutinized or modified by the Governor.
2. PESA Act, 1996: This Act is paramount. Section 4(i) of PESA mandates that the Gram Sabha or Panchayats at the appropriate level must be consulted before land is acquired for development projects and before people affected are rehabilitated and resettled. PESA also empowers Gram Sabhas to safeguard and preserve community resources. This implies that any land acquisition process must involve transparent and meaningful consultation with the Gram Sabha. While PESA uses "consultation" rather than "consent," the spirit of self-governance inherent in PESA and reinforced by judgments like Samatha suggests that Gram Sabha's voice should be given significant weight.
3. Forest Rights Act (FRA), 2006: If the land in question includes forest land over which tribal communities have traditional rights, the FRA would also apply. It recognizes individual and community forest rights and mandates the Gram Sabha as the authority to initiate the process of vesting these rights. Displacement from forest land is restricted without due process and rehabilitation entitlements.
4. Samatha Judgment (1997): This landmark Supreme Court ruling explicitly prohibits the leasing of government, forest, or tribal lands in Scheduled Areas to non-tribals or private industries. This would severely restrict the state's ability to lease out tribal land for private industrial projects.

Role of Gram Sabha: The Gram Sabha plays a crucial and empowered role. It is the institution of self-governance at the village level. It would be responsible for:

• Being consulted regarding the land acquisition and the subsequent rehabilitation and resettlement plans.
• Safeguarding and preserving the traditions, customs, cultural identity, community resources, and customary mode of dispute resolution.
• Approving plans, programs, and projects for social and economic development at the village level.
• Identifying persons who would receive benefits from any rehabilitation programs.
• Ensuring that their traditional rights over land, minor forest produce, minor minerals, and minor water bodies are respected.

In essence, while the state government might propose the project, the constitutional framework, particularly PESA and FRA, significantly empowers the Gram Sabha to influence, if not halt, such a project if it infringes upon tribal rights and resources.

Q2: Scenario: An Autonomous District Council (ADC) in Meghalaya passes a law regulating the inheritance of property among Scheduled Tribes in its jurisdiction. However, the State Legislature of Meghalaya subsequently passes a law that contradicts some provisions of the ADC's law on inheritance. Which law would prevail and why? What role does the Governor play in such a conflict?

Answer: In this scenario, the law passed by the Autonomous District Council (ADC) would generally prevail, subject to the Governor's assent to the ADC's law. Here's why:

1. Sixth Schedule Autonomy: The Sixth Schedule grants significant legislative autonomy to ADCs and ARCs on specific subjects, including the inheritance of property. These councils are empowered to make laws on these matters.
2. Non-Applicability of State Laws: The Sixth Schedule explicitly states that Acts of the State Legislature (and Parliament) may not apply to autonomous districts and regions, or may apply with modifications, as directed by the Governor. This means that the state's legislative power over these specific subjects is curtailed within the autonomous areas.
3. Governor's Role:
   • Assent to ADC Law: Any law made by the ADC on the specified subjects only comes into effect after receiving the assent of the Governor. If the Governor assents to the ADC's law on inheritance, it becomes operative.
   • Directing Applicability of State Law: If the State Legislature passes a contradictory law, the Governor has the power to direct that such a State Legislature Act does not apply to the autonomous district or applies with specific modifications. This power is crucial in maintaining the legislative autonomy of the ADCs.

Therefore, if the ADC's law on inheritance received the Governor's assent, it would be the prevailing law within that autonomous district. The Governor, in exercising their discretion, would likely protect the autonomy granted to the ADC under the Sixth Schedule by directing that the conflicting state law either not apply or apply with modifications in that tribal area. The essence of the Sixth Schedule is to allow tribal communities to govern themselves according to their customs on these specific matters.

🔄 Match-the-Following

Match the following constitutional provisions/acts with their primary purpose:

Answer:

1. 1 - E: Article 244(1) applies the Fifth Schedule provisions for the administration of Scheduled Areas in states other than Assam, Meghalaya, Tripura, and Mizoram.
2. 2 - C: PESA Act, 1996, extends Panchayati Raj provisions to Scheduled Areas, enabling local self-governance through Gram Sabhas.
3. 3 - A: Article 275(1) provides for grants-in-aid from the Union to certain states for promoting the welfare of Scheduled Tribes.
4. 4 - B: The Sixth Schedule specifically governs the administration of Tribal Areas in Assam, Meghalaya, Tripura, and Mizoram (AMTM).
5. 5 - F: The Forest Rights Act, 2006, recognizes and vests forest rights and occupation in forest land in forest-dwelling Scheduled Tribes and other traditional forest dwellers.
6. 6 - D: Article 330 provides for the reservation of seats for Scheduled Tribes in the Lok Sabha.

Recommended Books

You can explore these highly recommended resources for a deeper understanding.

• Indian Polity (English) by M Laxmikanth for UPSC CSE 2025 | 7th edition (latest) | Civil Services Exam - Prelims, Mains and Interview | State PSCs exams/ PCS exams - by M Laxmikanth
• Oswaal NCERT One For All Book for UPSC & State PSCs | Indian Polity Classes 6-12 - by Oswaal Editorial Board
• Bharat Ki Rajvyavastha (भारत की राजव्यवस्था) - M Laxmikanth for UPSC CSE