Scheduled and Tribal Areas (Articles 244–244A)

Constitutional Framework

  1. Article 244: Deals with the administration of Scheduled Areas and Tribal Areas under Fifth and Sixth Schedules.
  2. Article 244A: Provides for the creation of an autonomous state within Assam, incorporating Tribal Areas.

Scheduled Areas under the Fifth Schedule

  1. Applicable to states other than Assam, Meghalaya, Tripura, and Mizoram.
  2. Governed by the Governor's special responsibility to administer these areas.
  3. State Legislatures must consult the Tribes Advisory Council (TAC) for legislative matters concerning Scheduled Areas.
  4. The Governor can modify laws to suit the needs of the Scheduled Areas.

Tribal Areas under the Sixth Schedule

  1. Applies to the northeastern states: Assam, Meghalaya, Tripura, and Mizoram.
  2. Provides for the establishment of Autonomous District Councils (ADCs) to administer tribal areas.
  3. ADCs have powers to make laws on land, forests, water resources, agriculture, and customs.
  4. Ensures the protection of tribal identity, customs, and traditions.

Tribes Advisory Council (TAC)

  1. Established under the Fifth Schedule to advise on the welfare of Scheduled Tribes.
  2. Comprises members of the state legislature and tribal representatives.
  3. Mandatory in all states with Scheduled Areas.

Autonomous District Councils (ADCs)

  1. Created under the Sixth Schedule for self-governance in tribal areas.
  2. ADCs can levy and collect taxes, manage resources, and regulate trade.
  3. Promotes the economic and social development of tribal communities.

Significance of Scheduled and Tribal Areas

  1. Ensures the preservation of tribal culture and customs.
  2. Protects the land and resources of indigenous communities.
  3. Fosters self-governance and autonomy for tribal regions.

Challenges in Administration

  1. Lack of adequate resources and infrastructure in tribal areas.
  2. Resistance to external interventions in tribal governance.
  3. Issues of exploitation, land alienation, and inadequate representation.

Judicial Interventions

  1. Courts have upheld the constitutional protections for Scheduled and Tribal Areas.
  2. Judgments emphasize safeguarding tribal rights and promoting development.

Government Initiatives

  1. Special schemes for tribal welfare, education, and healthcare.
  2. Implementation of the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA).
  3. Focus on tribal entrepreneurship and skill development programs.

Conclusion

  1. The provisions under Articles 244 and 244A highlight the constitutional commitment to ensure the welfare and development of tribal communities.
  2. Effective administration and implementation of policies are essential to address challenges and empower tribal populations.
Category
Constitutional and Statutory Provisions
Indian Polity and Governance
Under which article are the provisions for the administration of Scheduled Areas and Scheduled Tribes mentioned?
Which Schedule of the Indian Constitution deals with the administration of Scheduled Areas and Tribes?
The Sixth Schedule of the Indian Constitution primarily deals with which states?
Which article provides for the creation of an autonomous state within Assam?
What is the purpose of the Fifth Schedule in the Indian Constitution?
Under the Sixth Schedule, which body governs the administration of tribal areas?
Which article empowers the President to declare any area as a Scheduled Area?
The Governor has special responsibilities regarding the administration of Scheduled Areas under which provision?
What is the primary aim of the provisions under Article 244?
Under the Sixth Schedule, how many members are there in a District Council?
Which article provides for the establishment of a Regional Council under the Sixth Schedule?
The President can modify or annul any law applicable to Scheduled Areas under which schedule?
Under the Fifth Schedule, who is responsible for the welfare of Scheduled Tribes?
Which body reviews the administration of Scheduled Areas and the welfare of Scheduled Tribes?
What is the tenure of the District Councils under the Sixth Schedule?
Article 244A was added to the Indian Constitution by which constitutional amendment?
What is the main feature of the Sixth Schedule?
Under the Fifth Schedule, which body advises the President on the administration of Scheduled Areas?
Which article allows for the establishment of Autonomous District Councils in Meghalaya?
The Governor has the power to make regulations for Scheduled Areas under which schedule?
What is the primary focus of Article 244A?
Which of the following is a key feature of the Sixth Schedule?
The Tribes Advisory Council is mandated under which schedule?
Under the Sixth Schedule, which authority can establish Regional Councils?
What is the primary legislative power of District Councils under the Sixth Schedule?
Which body is responsible for reviewing the Scheduled Areas and Tribes every 10 years?
How are the Scheduled Areas defined under the Constitution?
What is the main role of the Governor in the administration of Scheduled Areas?
Who has the power to alter the boundaries of Scheduled Areas?
Which schedule ensures the representation of Scheduled Tribes in District Councils?