5th Schedule :- Administration of Schedule areas & schedule Tribes except Meghalaya, Mizoram, Assam & Tripura.
1. Schedule areas are those areas which are treated differently from other areas in a state.
2. They can be established under A-244 of the constitution.
3. Scheduled areas can ‘declared by President by order’.
4. If any of the schedule area can be ceased to be exists, those can be done by order of president.
5. President can also alter the boundaries of the areas with assistance by Governor of the state to which area he is located.
1. No specific criteria has been defined o declare but normally basic criteria is preponderance of the tribal population in those areas.
2. Excluded & partially excluded areas where there is under development & large economic disparity exists.
· Governor has been given absolute powers w.r. to administration of these areas.
· Governor has to prepare annual report to the president regarding the administration of scheduled areas in the state.
· At the regional level tribal advisory council are act up in administering these areas in each state.
1. It shall be the duty of the council to advise in matters pertaining to the welfare & advancement of the schedule tribes in the state to the Governor.
2. The appointment of the members Chairman of the council other officers rests with Governor may make such notification.
3. Governor can make rules for the better management of peace & good governance in such areas.
4. TAC plays very crucial role in the governance of the scheduled areas. The negligence to constitute TAC is equal to negating the rights of tribal’s stalling the process of governance.
5. Amendments w.r to scheduled areas by the parliament/ state legislatives should be simple majority i.e. A368 does not applicable.
6. At present to states; AP, CH, GJ, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Orissa, Rajasthan & Telangana have established tribal advisory councils, TN & WB have created TAC in Non-Schedule areas.
6th Schedule :- Administration with respect to the tribal areas in N-E States Assam, Meghalaya, Mizoram, Tripura.
· Created separate schedule to give more political autonomy & state hood in North East India. Committee formed under the chairmanship of Assam 1st CM Gopinadh Bardoloi. The committee recommended setting up of autonomous district councils & those recommendation has inserted in 244 (2) & 275 (1).
· Administration of these areas falls with the executive authority of the state, where district & regional councils are created for the exercise of the legislative & Judicaial councils.
· Each district is an autonomous district & Governor can modify/divide the boundaries of the tribal areas by notification.
· Include any area, exclude area, create new autonomous district, increase the area of any autonomous district, diminish the area of any autonomous district..
· Autonomous district consists of 30 members (4 nominated by governor, nonminority 26 members are to be elected). Term – 5 Years & Nominated Members hold office during the pleasure of the governor.
· Each autonomous district contains district & regional councils : members are 30 (26+4 nominated members)
· Governor can make rules for the constitution of district councils & Regional councils in consuntating with existing tribal councils or tribal organization on matters of
v Composition & allocation of seats
v Delimitation of territorial constituencies.
v Qualification for voting at such elections.
v Qualification of members at such elections.
v Terms of office of the councils.
v On any other members related to administration conduct of business .
· These council can make lows with respect to matters like forests, canal water, shifting/ thum calvtivation, village administration, marriages & divorce, social customs, agricultural practices, water resources, inheritance of property.
· They can set up Judicial courts/ local courts for trials of suits & cases. Below the tribes.
· They can hear appeals from them.
· Jurisdiction over these courts to the high court will specified by the governer.
· The district council & regional councils are empowered to collect taxes with in their respective region.
· Acts that are passed by state legislatiure are not applicable to these region, if needed governor has to make special provisions
· Governor & State legislatures has very limited with respect to administration of these regions.
· These regions has more autonomy than that are specified in the 5th schedule.
· Governor has the power to dissolve a regional council on the recommendations of the commission.
· When an proclamation of emergency is in operation of if circumstances exists which is the opinion of the governor, to hold the elections & extend the elections for a period of 1 year at a time, not extending beyond a period of 6 months after emergency cases to operate.
· A-368 does not applicable for amendments with respect to this councils.