SCHEDULED AREAS AND TRIBAL AREAS
- Scheduled Tribes live in contiguous areas unlike other communities. It is, therefore, much simpler to have an area- approach for development activities and also regulatory provisions to protect their interests.
- In order to protect the interests of Scheduled Tribes with regard to land alienation and other social factors, provisions of “Fifth Schedule” and “Sixth Schedule” have been enshrined in the Constitution.
- The Fifth Schedule under Article 244 (1) of Constitution defines “Scheduled Areas” as such areas as the President may by Order declare to be Scheduled Areas after consultation with the Governor of the state.
- The Sixth Schedule under Article 244 (2) of the Constitution relates to those areas in the states of Assam, Meghalaya, Tripura and Mizoram which are declared as “Tribal Areas” and provides for District Councils and/or Regional Councils for such Areas. These Councils have been conferred with wide ranging legislative, judicial and executive powers.
THE FIFTH SCHEDULE AREAS
- The criteria for declaring any area as a “Scheduled Area” under the Fifth Schedule are: (a) Preponderance of tribal population, (b) Compactness and reasonable size of the area, (c) A viable administrative entity such as a district, block or taluk, and (d) Economic backwardness of the area as compared to neighbouring areas.
- The specification of “Scheduled Areas” in relation to a State is done by a notified Order of the President, after consultation with the State Governments concerned.
- The advantages of Scheduled Areas are that:
- the Governor of a state, which has Scheduled Areas, is empowered to make regulations in respect of the following: (i) Prohibit or restrict transfer of land from tribal people; (ii) Regulate the business of money lending to the members of Scheduled Tribes. In making any such regulation, the Governor may repeal or amend any Act of Parliament or of the Legislature of the State which is applicable to the area in question.
- The Governor may be through public notification direct that any particular Act of Parliament or of the Legislature of the State, shall not apply to a Scheduled Areas or any part thereof in the state or shall apply to such area subject to such exceptions and modifications as he may specify.
- The Governor of a state having Scheduled Areas therein, shall annually, or whenever so required by the President of India, make a report to the president regarding the administration of the Scheduled Areas in that State and the executive power of the Union shall extend to the giving of directions to the State as to the administration of the said area.
- Tribes Advisory Council (TAC) shall be established in States having Scheduled Areas. The TAC will consist of not more than 20 members of whom about 3/4 are from ST-MLAs. The TAC may also be established in any State having Scheduled Tribes but not Scheduled Areas on the direction of the President of India.
- The Provisions of the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA), vide which the provisions of Panchayats, contained in Part IX of the Constitution, were extended to Scheduled Areas, also contain special provisions for the benefit of Scheduled Tribes.
