The provisions of the Fifth Schedule of the constitution apply to the administration and control of the scheduled areas and scheduled tribes in any state apart from the states of Assam, Meghalaya, Tripura, and Mizoram. In this article, we will discuss the Scheduled and Tribal Areas in India.244 the Article deals with the administration of Scheduled areas and Tribal areas.
Scheduled and Tribal Areas in India
Administration of Scheduled Areas
The role of the Fifth Schedule are Mentioned Below:
1. Declaration of Scheduled Areas: The constitution authorizes the President to declare any areas as scheduled area. The president can increase or decrease its district or alter its boundaries. He can reject such designation after consultation with the governor or can make fresh orders redefining the schedule areas.
2. Executive Power of State and Centre: Subject to the provisions of this schedule, the chief power of a state extends to the scheduled areas therein. The governor of every state having scheduled areas annually, or whenever required by the president, make a report back to the president regarding the administration of the scheduled areas therein state. the chief power of the union extends to the giving of directions to the state on the administration of such areas.
3. Tribes Advisory Council: Each state having scheduled areas must establish a tribes advisory council consisting of less than twenty members of whom about three-fourth members should be the representatives of the scheduled tribes within the legislature of the state.
4. Law Applicable to Scheduled Areas: The governor is empowered to direct that any particular act of parliament or of the legislature of the state doesn’t apply to a scheduled area subject to such exceptions and modifications as he may specify within the notification.
(a) Obstruct or restrict the transfer of land by or among members of the scheduled tribes in such areas;
(b) Adjust the allotment of land to members of the scheduled tribes in such areas;
(c) Adjust the carrying on of business as money-lender by persons who lend money to members of the scheduled tribes in such area.
In doing so, he may repeal or amend any act of parliament or the state legislature or any existing law which is for the nonce applicable to such area. All the above regulation requires the assent of the president.
The Sixth Schedule deals with the administration and control of the tribal areas within the districts of Assam, Meghalaya, Tripura, and Mizoram.
Administration of Tribal Areas
The Sixth Schedule of the Constitution provides special provisions for the administration of the tribal districts in Assam, Meghalaya, Tripura, and Mizoram. The provisions of the schedule are as follows:
1. It provides for autonomous districts and autonomous regions.
2. The governor can increase, decrease, or even re-organize or alter the boundary of these districts.
3. If there are different scheduled tribes in a sovereignty district, the governor may divide the realm or areas inhabited by them into autonomous regions.
4. Each autonomous district features a regional council consisting of less than thirty members, of whom less than four persons shall be nominated by the governor and thus the remainder shall be elected on the thought of adult suffrage. The elected members of the district council hold office for a term of 5 years and nominated members to hold office at the pleasure of the governor.
5. The district and therefore the regional councils can make laws on matters like land, forests, canal water, Jhum cultivation, local administration, the inheritance of property, etc.
6. The district and the regional councils may represent village councils or courts for the trial of suits and cases between the parties all of whom belong to Scheduled Tribes within such areas.
7. The district council can create, establish, or manage primary schools, dispensaries, markets, ferries, fisheries, roads, road transport, and waterways in the district.
8. A district fund for each sovereignty district and a regional fund for each autonomous region is constituted to which money received respectively by the district council
9. The district and the regional councils have powers to assess and collect land revenue and to impose particular taxes.
10. The district council is empowered to make rules for the Control of money-lending and trading by non-tribals.
11. Estimated receipts and expenditure pertaining to autonomous districts has to be shown separately in the annual financial statement of the state.
12. An act of parliament or of the legislature of the state does not apply to autonomous districts and autonomous regions or apply with specified exceptions and modifications.
13. If at any time the Governor is satisfied that an act or resolution of a district or a regional council is likely to endanger the safety of India he may reject such an act, action, or resolution and take such steps.
14. The governor can appoint a commission to look into and report on the matters related to the administration of the sovereignty districts or regions.
In this article, we discussed Scheduled and Tribal Areas in India. Keep visiting this blog for more updates on various GK topics.