About Schedule and Tribal Areas:
The
Constitution of India makes special provisions for the administration of
the tribal-dominated areas in
four states viz. Assam, Meghalaya, Tripura, and Mizoram. As per article 244
and 6th Schedule, these areas are called “Tribal Areas”. The
Scheduled Areas can be established under Article 244 and 5th Schedule of the
Constitution in any State except Assam, Meghalaya, Tripura, and Mizoram.
To take care of
the welfare of the scheduled tribes, a Tribal Advisory Council is constituted
in each State with a Scheduled
Area. This Tribal Advisory Council will be made of maximum 20 members
out of which the three-fourth will be Scheduled Tribes MLAs in the State. It
advises the Governor on matters pertaining to the welfare and advancement of
the Scheduled Tribes in the State. Governor also can make a notification that
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 a Scheduled Area or any part thereof in the State.
Article 244 and 6th schedule of the
constitution has provisions for the formation of autonomous districts and autonomous regions within
the districts as there are different schedule tribes within the
district. The sixth Schedule envisages the powers of the Autonomous
District Councils within the autonomous areas, to make laws of the land,
management of forests (except reserved forests), regulation on trade by persons
not being local schedule tribes, appointment of traditional chiefs and headmen,
inheritance of property, marriage, divorce, social customs, establishment and
maintenance of primary schools, markets, taxation, issue of lease for
extraction of minerals etc.
Each autonomous
district has a district council consisting of 30 members, of whom four are
nominated by the governor and the remaining 26 are elected on the basis of
adult franchise. The elected members hold office for a term of five years
(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 acts of
Parliament or the state legislature do not apply to autonomous districts and
autonomous regions or apply with specified modifications and
exceptions. The power of discretion, in this regard, lies either with the
President or Governor. Thus, in the case of Assam, it lies with the Governor,
both in respect of acts of Parliament or state legislature. In the case of
Meghalaya, Tripura, and Mizoram, it lies with the President in respect of acts
of Parliament and governor in respect of acts of the state legislature