37. Scheduled And Tribal Areas Flashcards
Why scheduled areas are treated differently from the other areas?
The scheduled areas are treated differently from the areas in the country because they are inhabited by ‘aboriginals’ who are socio-economically rather backward, and special efforts need to be made to improve their condition.
Therefore, whole of the normal administrative machinery operating in a state in not extended to the scheduled areas and the central govt has somewhat greater responsibility for these areas.
Constitutionality of the scheduled and tribal areas:
‘Article 244’ in ‘Part X’ of the constitution envisages a special system of administration for certain areas designated as “scheduled areas” and “tribal areas”.
The ‘5th 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 ‘6th 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.
Explain the various features of administration contained in the 5th Schedule:
- Declaration of Scheduled Areas:
The President is empowered to declare an area to be a scheduled area.
He can also increase or decrease its area, alter its boundary lines, rescind such designation or make fresh orders for such redesignation on an area in consultation with the governor of the state concerned.
- Executive Power of State and Centre:
The executive powers of the state extends to the scheduled areas therein, but governor has a special responsibility regarding such areas.
Governor has to submit report to the president regarding administration of such areas, annually or whenever so required by the president.
The executive powers of the centre extends to giving directions to the states regarding such areas.
- Tribes Advisory Council:
Each state having scheduled areas has to establish a tribes council to advice on the welfare and advancement of the scheduled areas.
It is to consist of 20 members, 3/4 of whom are to be representative of the scheduled tribes in the state legislative assembly.
A similar council can also be established in a state having scheduled tribes but not scheduled areas therein, if president so directs.
- Law Applicable to Scheduled Areas:
The governor is empowered to direct that any particular act of the parliament or state legislature does not apply to scheduled areas or apply with specified modifications and exceptions.
Governor can also make regulations for the peace and good governance of scheduled areas after consultation with the Tribes Advisory Council. Such regulation may prohibit or restrict the,
- transfer of land (among the members of the scheduled tribes)
- regulate the allotment of land to the members of the scheduled tribe
- regulate the business of money lending in relation to the scheduled tribes
Also, a regulation may repeal or amend any act of parliament or the state legislature, which is applicable to a scheduled area. But, all such regulations require the assent of the president.
The constitution requires the president to appoint a commission to report on the administration of the scheduled areas and the welfare of the scheduled tribes in the states. He can appoint such commission at any point but compulsorily after the 10yrs of the commencement of the constitution.
Hence the commission was appointed in 1960, headed by U N Dhebar and submitted its report in 1961.
After 40 years, the second commission was appointed in 2002 under the chairmanship of D S Bhuria.
Explain the rationale behind special provisions of administration for the tribal areas in the four northeastern states of Assam, Meghalaya, Tripura and Mizoram.
The Constitution, under 6th Schedule, contains special provisions for the administration of tribal areas in the four north-eastern states of Assam, Meghalaya, Tripura and Mizoram.
The rationality behind the special arrangement in respect of only these four states lies in the following:
- Anthropological specimen/Exclusive socio-cultural ways of life:
The tribes in these states have not assimilated much the life and ways of the other people in these states. These areas hitherto been anthro-pological specimens.
The tribal people in other parts of India have more or less adopted the culture of majority of the people in whose midst they live.
The tribes of Assam, Meghalaya, Tripura and Mizoram, on the other hand, still have their roots in their own culture, customs and civilisation.
These areas are therefore treated differently by the constitution and sizeable amount of autonomy has been given to these people for self-government.
What are the various features of administration contained in the 6th Schedule?
- The tribal areas (*presently’2013, 10 areas) in the four states of Assam, Meghalaya, Tripura and Mizoram have been constituted as AUTONOMOUS DISTRICTS. But they do not fall outside the executive authority of the state concerned.
- The governor is empowered to organise and reorganise the autonomous districts.
- If there are different tribes in an autonomous districts, the governor can divide the district into several autonomous regions.
- Each autonomous district has DISTRICT COUNCIL consisting of 30 members, of whom 4 are nominated by the governor and remaining 26 are elected by adult franchise.
The elected members hold office for the term of 5yrs ( unless the council is dissolved earlier) and nominated members hold office during the pleasure of the governor.
Each autonomous region also has a separate REGIONAL COUNCIL.
- The district and regional council administer the areas under their jurisdiction.
They can make laws on certain specified matters like land, forest, canal water, shifting cultivation, village administration, inheritance of property, marriage and divorce, social customs and so on.
But such laws require the assent of the governor.
- The district and regional councils within their territorial jurisdictions can constitute village councils or courts for trial of suits and cases between the tribes. They here appeals from them. The jurisdiction of high court over these suits and cases is specified by the governor.
- The district council can establish, construct or manage primary schools, dispensaries, markets, ferries, fisheries, roads and so on in the district.
It can also make regulations for the control of money lending and trading by non-tribals. But, such regulations require the assent of the governor.
- The district and regional councils are empowered to assess and collect land revenue and to impose certain specified taxes.
- The acts of parliament or state legislature do apply to the autonomous regions or apply with specified modifications and exceptions.
- The governor can appoint a commission to examine and report on any matter relating to the administration of the autonomous districts or regions.
He may dissolve a district or regional council on the recommendation of the commission.
Tribal areas at glance (2013)
- Assam: 1. The North Cacher Hills Districts
2. The Karbi Anglong District
3. The Bodaland Territorial Areas District - Meghalaya: 1. Khasi Hills District
2. Jaintia Hills District
3. The Garo Hills District - Tripura: 1. Tripura Tribal Areas Districts
- Mizoram: 1. The Chakma District
2. The Mara District
3. The Lai District
