Scheduled Areas

The Scheduled Tribes live in contiguous areas unlike other communities. It is, therefore, much simpler to have an area approach for development activities as well as regulatory provisions to protect their interests. In order to protect the interests of Scheduled Tribes with regard to land and other social issues, various provisions have been enshrined in the Fifth Schedule and the Sixth Schedule of the Constitution.

The Fifth Schedule under Article 244(1) of Constitution defines “Scheduled Areas” as such areas as the President may by order declare to be Scheduled Areas after consultation with the Governor of that State.

The Sixth Schedule under Article 244 (2) of the Constitution relates to those areas in the States of Assam, Meghalaya, Tripura and Mizoram which are declared as “tribal areas” and provides for District or Regional Autonomous Councils for such areas. These councils have wide ranging legislative, judicial and executive powers.

Fifth Schedule Areas

The criteria for declaring any area as a “Scheduled Area” under the Fifth Schedule are:

• Preponderance of tribal population
• Compactness and reasonable size of the area
• A viable administrative entity such as a district, block or taluk
• Economic backwardness of the area as compared to the neighbouring areas

Purpose and Advantage of Scheduled Areas

Scheduled Areas have certain distinct provisions meant to protect and benefit tribals:

(a) The Governor of a State, which has Scheduled Areas, is empowered to make regulations in respect of the following:

• Prohibit or restrict transfer of land from tribals
• Regulate the business of money lending to the members of Scheduled Tribes. In making any such regulation, the Governor may repeal or amend any Act of Parliament or of the Legislature of the State, which is applicable to the area in question

(b) The Governor may by public notification direct that any particular Act of Parliament or of the Legislature of the State shall not apply to a Scheduled Area or any part thereof in the State or shall apply to such area subject to such exceptions and modifications as he may specify

(c) The Governor of a State having Scheduled Areas therein, shall annually, or whenever so required by the President of India, make a report to the President regarding the administration of the Scheduled Areas in that State and the executive power of the Union shall extend to the giving of directions to the State as to the administration of the said area;

(d) In accordance with the provisions of Para 3 of the Fifth Schedule to the Constitution, the States having Scheduled areas viz., Andhra Pradesh, Chhattisgarh, Gujarat, Jharkhand, Himachal Pradesh, Madhya Pradesh, Maharashtra, Odisha and Rajasthan are required to submit the Governor’s Report annually.