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Wednesday, May 29, 2019

5th and 6th schedule areas - UPSC


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


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