Constitutional Basis
The Fifth Schedule of the Indian Constitution deals with the administration and control of Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram. It operates in conjunction with Article 244(1) of the Constitution.
Scheduled Areas are those areas where tribal populations are concentrated and which require special constitutional safeguards to protect tribal interests, land, culture, and autonomy.
Criteria for Declaration of Scheduled Areas
The criteria for declaring an area as a Scheduled Area were laid down by the Dhebar Commission (1960–61). These criteria are not explicitly mentioned in the Constitution but are well established in practice.
They include:
- Preponderance of tribal population (generally not less than 50%)
- Compactness and reasonable size of the area
- Underdeveloped nature of the region
- Marked disparity in economic standards compared to neighbouring areas
- Viability as an administrative unit such as a district, block, or taluk
Applicability of the Fifth Schedule
Under Article 244(1), the Fifth Schedule applies to all Scheduled Areas in states except:
- Assam
- Meghalaya
- Tripura
- Mizoram
(These states are governed by the Sixth Schedule.)
Declaration and Alteration of Scheduled Areas
- The President of India has the power to declare an area as a Scheduled Area.
- The President may:
- Increase or decrease the area of a Scheduled Area
- Alter boundaries (only for rectification)
- Direct that an area shall cease to be a Scheduled Area
- Such actions are taken after consultation with the Governor of the concerned state.
Executive Powers in Scheduled Areas
Role of the State
- The executive power of the State Government extends to Scheduled Areas.
- However, this power is exercised subject to the special provisions of the Fifth Schedule.
Role of the Governor
- The Governor plays a key constitutional role in Scheduled Areas.
- The Governor must submit annual reports to the President on the administration of Scheduled Areas.
Role of the Union
- The Union Government has the power to issue directions to states regarding the administration of Scheduled Areas.
Tribes Advisory Council (TAC)
Composition
- TAC is mandatory in every state having Scheduled Areas.
- It consists of not more than 20 members.
- Three-fourths of the members must be representatives of Scheduled Tribes from the State Legislative Assembly.
- TAC may also be constituted in states having Scheduled Tribes but no Scheduled Areas, if the President so directs.
Powers of the Governor over TAC
The Governor may frame rules regarding:
- Number of members
- Mode of appointment
- Appointment of Chairman and staff
- Conduct of meetings and procedure
Function
The TAC advises on matters relating to:
- Welfare of Scheduled Tribes
- Advancement of tribal interests in the state
Legislative and Regulatory Powers of the Governor
Applicability of Laws
- The Governor may direct that:
- Any Act of Parliament or State Legislature shall not apply to a Scheduled Area, or
- Shall apply with modifications and exceptions
Power to Make Regulations
The Governor can make regulations for the peace and good government of Scheduled Areas after consulting the TAC.
Such regulations may:
- Prohibit or restrict transfer of land by or among Scheduled Tribes
- Regulate allotment of land to Scheduled Tribes
- Regulate money-lending activities in Scheduled Areas
Panchayats and the Fifth Schedule
Exemption from Part IX
- Scheduled Areas are exempt from Part IX of the Constitution (Panchayats).
PESA Act, 1996
- The Panchayat (Extension to Scheduled Areas) Act, 1996 extends Part IX to Scheduled Areas with suitable modifications.
- It strengthens:
- Gram Sabha
- Local self-governance
- Community control over resources
States Covered Under the Fifth Schedule
The Fifth Schedule applies to Scheduled Areas in 10 states:
- Andhra Pradesh
- Chhattisgarh
- Gujarat
- Himachal Pradesh
- Jharkhand
- Madhya Pradesh
- Maharashtra
- Odisha
- Rajasthan
- Telangana
Significance of the Fifth Schedule
- Protects tribal land, culture, and resources
- Ensures administrative flexibility suited to tribal areas
- Acts as a constitutional instrument for tribal welfare and self-governance
- Reflects the principle of asymmetric federalism
Issues and Challenges in Implementation
- Tribes Advisory Councils have limited advisory powers compared to Autonomous District Councils under the Sixth Schedule
- Lack of clarity regarding:
- Discretionary powers of the Governor
- Composition of the remaining one-fourth TAC members
- Weak protection against alienation of tribal land
- Political interference in TAC functioning
- Poor enforcement of constitutional safeguards on the ground
