Table of Contents
- There was
fierce debate regarding the
provisions of the
5th & 6th
Schedule in the
- Advocates of Assimilation argued – Creation of Autonomous Districts and Regional Councils will lead to their disassociation from the rest of the country & centre-state relationship should not be altered for the Tribal and Scheduled Areas.
- Some were also in the favour of complete isolation of the tribals.
- However, the provisions of the fifth and sixth schedule aim at gradual integration of the tribal into the mainstream with their own pace and wish. This was further stamped when Nehru laid down the Policy of Panchsheel for Tribals.
|Administration and Control of Scheduled Areas and Scheduled Tribes in any states except four states –Assam, Meghalaya, Tripura, Mizoram(AMTM)
| Administrations of Tribal Areas in four states of Assam, Meghalaya, Tripura, Mizoram
(we will discuss about 6th Schedule in next article. For more, Click here)
- Interests of Schedule Tribes outside the North East are protected by Fifth Schedule
- 5th Schedule is concerned with administration of Scheduled Areas and Scheduled Tribes in any states except four states –Assam, Meghalaya, Tripura, Mizoram (AMTM) Scheduled area has more than 50 percent tribal population.
Why this category was created?
- Scheduled Areas need to be treated differently from other areas in country because they are inhabited by aboriginal who are socially and economically backward and special efforts are needed to improve their condition.
Features of Schedule 5
- President is empowered to declare an area to be Scheduled Area
- Executive Power of state extend to Scheduled Area but Governor has special responsibility
- Each State having Scheduled Area has to establish Tribal Advisory Council (TAC) to advise on welfare and advancement of Scheduled Tribes consisting of not more than 20 members, 3/4 of whom must be Tribal Representatives in State Legislative assembly (Prelims : TAC is constitutional body)
- State having ST population but not SA can also constitute TAC if President so desire
- Governor can direct that particular act of Parliament or State Legislature is not applicable there or applicable with certain modifications and exceptions + Can make regulations for peace and good governance in consultation with TAC after getting assent of President which include transfer of land among members, regulate business of money lending etc
- Central Government also give Special Financial Assistance to States under Article 275 for implementation of schemes for development of STs
- President should appoint a Commission to Report on Administration of these areas at any time but compulsorily after 10 years. Two commissions till date
|UN Dhebar Commission
|Dilip Singh Bhuria Commission
- Amendment of Schedule 5 : Parliament may from time to time by law (ie Simple Majority) amend by way of addition, variation or repeal any of provision of this schedule . No such law shall be deemed to be Amendment under Article 368
Analysis – Demand of the areas under 5th Schedule to Transfer to 6th Schedule
- Fifth Schedule applies to an overwhelming majority of India’s tribes in 9 States. But, Fifth Schedule has failed to create desired impact because it has never been applied the way it should have been.
- 5th Schedule has limited autonomy provisions compared to 6th Schedule.
- Issues with TAC:
- In fifth schedule, tribal advisory council have only advisory powers . Unlike the autonomous district councils (ADCs), which have legislative and financial powers .
- No clarity on the composition of TAC, especially the remaining one-fourth of the membership
- Sometimes cabinet ministers from tribal communities are also appointed as members, which is a conflict of interest because the person heading the state cabinet also chairs the TAC.
- ADCs have considerable autonomy
- They receive funds from consolidated fund of India to finance schemes for development, health, education, roads
- Have real powers to make laws
Otherwise the implementation of PESA needs to be done earnestly. It has been suffering from severely poor implementation, with states showing disdain towards the Act.
States with Schedule 5 Areas
2018 : Area under Schedule 5 has been extended in Rajasthan. Scheduled Tribes residing in Banswara, Dungarpur, Pratapgarh, and partial areas of Udaipur, Rajsamand, Chittorgarh, Pali and Sirohi districts of Rajasthan will get benefits of protective measures available under the Fifth Schedule