Scheduled and Tribal Areas

Constitutional Provisions

Article 244 in Part X of the Constitution deals with special system of administration for certain areas designated as ‘scheduled areas’ and ‘tribal areas’.
Related Schedules
- The Fifth Schedule of the Constitution deals with the administration and control of scheduled areas and scheduled tribes in any state except the four states of Assam, Meghalaya, Tripura and Mizoram.
- The Sixth Schedule of the Constitution, on the other hand, deals with the administration of the tribal areas in the four northeastern states of Assam, Meghalaya, Tripura and Mizoram.

Scheduled Areas

President is empowered to declare an area as Scheduled Area
With the consultation of the governor of the state, the President can alter, add, diminish the boundary of a Scheduled Area
Both the Centre and the State have their roles to play in the administration of the Scheduled areas. While the governor of the state has to report annually to the President over the management of such area, the Centre gives directions to the state regarding the administration of such areas.
A tribal advisory council is a must for the states having scheduled areas
- It has 20 members (Three-Fourth of which are Scheduled Tribes’ representatives in that state legislative assembly.)
The power to decide whether any central or state legislation implies over the state having scheduled areas, lies in the hands of the Governor.
Governor can also repeal or amend any regulations w.r.t to the state having scheduled areas but only with the assent of the President of India
States having 5th scheduled areas – Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan and Telangana.

Criteria for the declaration of the Scheduled Area:

Prominent numbers of tribal population, i.e. when tribal people are in majority in an area
Compactness and reasonable size of the area
A viable administrative entity such as a district, block or taluk, and
Economic backwardness of the area as compared to the neighbouring areas.

Tribal Areas

Sixth Schedule mentions the provisions related to the tribal areas of the four states – Assam, Meghalaya, Tripura and Mizoram
Sizeable amount of autonomy has been given to the people belonging to the tribal areas of these four states to govern themselves
The tribal areas in these four states come under the name of ‘Autonomous Districts,’ but the state still has its executive authority over them
Autonomous District Council
- The power to organise and reorganise the tribal areas as autonomous districts lie with the governor of the state. He can also alter the name, boundary of such tribal areas.
- One autonomous district can have different tribes, which for better administration is divided into autonomous regions by the governor
- Composition
  - 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.
- There is a separate regional council for each autonomous district
- The laws related to the following can be made by the regional and autonomous councils with the assent of the governor – Land, Forests, Canal water, Shifting cultivation , Village administration, Inheritance of property , Marriage and divorce, Social customs
- The territorial jurisdictions of autonomous and regional councils may or may not have village councils and courts of trials of suits to mend issues rising between tribes. Such cases can also be taken over by the High Court but only after being specified by the governor.
- The central and state acts do not apply to these autonomous and regional councils (unless modified and accepted.)