Administration of Scheduled Areas and Tribal AREAS (Article 244)

Ask these simple questions to understand the topic well.

1. What is Article 244?
2. What is Scheduled Area?
3. What is Tribal Area?

 

Article 244 of the Indian constitution deals with the administration of Scheduled Area and Tribal Areas.

Scheduled areas and Tribal areas are mentioned in the fifth and sixth schedules of the constitution.

Difference Between Scheduled Areas and Tribal Areas

Both the terms are different and treated differently under the Constitution.

Scheduled Areas

Article 244(1) of the Indian constitution has mentioned scheduled areas. Special provisions for the administration of such areas are mentioned in the 5th schedule of the constitution and include certain areas in States other than Assam, Meghalaya, Tripura, and Mizoram.

Scheduled areas are such areas inhabited by the tribes specified as Schedule Tribe in states and union territories other than Assam, Meghalaya, Tripura, and Mizoram.

The power to declare any area as a ‘Scheduled Area’ is bestowed on the President of India and the parliament is authorized to legislation.

Tribal Areas

The tribal area was mentioned in Article 244(2) of the Indian constitution. Provision regarding their administration is found in the 6th schedule. It deals with the tribal areas in Assam, Meghalaya, Tripura, and Mizoram.

Why Scheduled Areas and Tribal Areas are treated differently than other areas?

Scheduled areas are inhabited by people who are socially and economically backward. Though they constitute a part of the country, it is the responsibility of the government to make special efforts needed to improve their condition. That is why the normal administration system running across the country may not be suitable for these areas as it requires special attention and effort and that is why the government has greater responsibility for these areas.

In a similar way, the Tribes of Assam, Meghalaya, Tripura, and Mizoram have not absorbed the way of life of the other people of the state with time. Whereas, the tribal areas of other states have adopted the culture of other people more or less but tribes from such northeastern states stand connected to their own traditions, culture, and custom. So such areas are treated differently and our constitution has provided sufficient provisions to provide them a sizable amount of autonomy to practice their own way of life without hurting the unity of the country.

Administration of Scheduled Areas

• The President of India is empowered to declare any area as a scheduled area.
• President can alter, increase, or decrease its boundary lines in consultation with the Governor of the state.
• The Governor of the state with a ‘Scheduled Area’ submits a report annually to the President or whenever required by the President regarding the administration of the area.
• The Governor of a state is authorized to direct that any particular law of parliament or the state legislature shall not extend to a scheduled area or shall extend with certain modifications or exceptions.
• The governor is authorized to make regulations that prohibit or restrict the transfer of land.
• Governor can regulate the allotment of the land regarding Scheduled Areas and the money lending business.
• Regulations made by the Governor must be implemented after the assent of the President.
• Provisions related to the administration of Scheduled areas and tribes can be amended by Parliament with ordinary legislation. This means it does not require a constitutional amendment.
• The Constitution has a provision for the appointment of a commission to report on the matter of administration and welfare of the Scheduled Area and Scheduled Tribes [Article 339(1)].
• The appointment of such a commission is done by the President.
• There is a provision of the constitution for Tribal Advisory Councilin every state having scheduled areas, to advise on matters related to the welfare of the Scheduled Tribe.
• At present, 10 states fall under the 5th schedule i.e, having scheduled areas
  1. Andhra Pradesh
  2. Telangana
  3. Jharkhand
  4. Gujarat
  5. Chhattisgarh
  6. Himachal Pradesh
  7. Maharashtra
  8. Madhya Pradesh
  9. Rajasthan
  10. Odisha

Criteria for declaration of “Scheduled Area” under the Fifth Schedule

• The preponderance of the tribal population,
• The 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 neighboring areas.

Administration of Tribal Areas

• The 6th Schedule of the Constitution deals with the administration of the Tribal Areas of Assam, Meghalaya, Tripura, and Mizoram.
  • It has divided the land into 04 parts and 10 areas
  • Part I (in Assam)
    • The North Cachar Hills District
    • The Karbi Anglong District
    • The Bodoland Territorial Areas District
  • Part II (in Meghalaya)
    • The Khasi Hills District
    • The Jaintia Hills District
    • The Garo Hills District
  • Part IIA (in Tripura)
    • Tripura Tribal Areas District
  • Part III (in Mizoram)
    • The Chakma District
    • The Mara District
    • The Lai District
  • These tribal areas are to be administered as autonomous districts but these are not outside the executive authority of the concerned state.
  • In the case of different tribes in an autonomous district, the governor is authorized to divide the district into several autonomous regions.
  • To exercise legislative and judicial functions in such areas, there are provisions for the creation of District Councils and Regional Councils.
  • The district council consists of 30 members out of which 4 are nominated by the governor and the rest are elected based on adult franchise.
  • Elected member of the district council holds office for 5 years and nominated enjoys the pleasure of the governor.
  • Councils hold the law making power in certain domains such as management of forests other than reserve forests, marriage and social customs, inheritance of property, etc.
  • The Governor of the state can provide power to the councils to try certain suits or offenses.
  • Councils are empowered to impose certain specified taxes and can collect land revenue.
  • The Governor must approve the law made by the council of the State.
  • On the matters over which the council is empowered to make law, the law of state legislature over such topics can not be extended to such areas without the approval of councils.
  • Exception:
    • In the case of Assam, the power of direction with respect to acts of parliament and acts of state legislature lies with Governor.
    • In the case of Meghalaya, Tripura, and Mizoram, power lies with President in respect of acts of Parliament and with the Governor in respect of acts of the legislature of the state.

Issues in administration of Schedule and Tribal Areas:

• Lack of infrastructure: Tribal areas often suffer from inadequate infrastructure, including healthcare, education, roads, and communication networks.
• Inaccessibility: Many scheduled areas are located in remote and hilly terrains, making it difficult for government services to reach these regions.
• Limited political representation: Tribal communities often face under representation in political processes, leading to policies that may not address their specific needs.
• Land alienation: Tribal lands are frequently taken over by non tribals, industries, or for development projects, violating traditional rights.
• Exploitation of resources: These areas are rich in natural resources, but the local communities often do not benefit from resource extraction, leading to exploitation and environmental degradation.
• Poor governance: Weak governance structures and lack of adequate representation of tribal voices in local administration lead to ineffective policy implementation.
• Conflict and displacement: Ongoing conflicts over resources and land, as well as large scale displacement due to development projects, severely affect tribal communities.
• Lack of education and awareness: High levels of illiteracy and lack of awareness about rights lead to the marginalization of tribal populations.

Solutions:

• Improve infrastructure: Build essential facilities like schools, hospitals, roads, and digital connectivity in these areas.
• Strengthen legal protections: Enforce laws like the Forest Rights Act and Panchayats (Extension to the Scheduled Areas) Act (PESA) to safeguard tribal land and resources.
• Enhance political representation: Ensure adequate political representation and decision making power for tribal communities through reserved seats in legislative bodies and local governance structures.
• Promote sustainable development: Create policies that prioritize sustainable resource management, benefiting the local tribal populations.
• Ensure land rights: Strengthen the legal framework to prevent land alienation and promote community ownership of land.
• Foster tribal leadership: Promote local tribal leaders in administrative positions to ensure more effective governance and cultural understanding.

Way forward:

• Focus on tribal centric policies: Design and implement policies with a focus on tribal needs, including education, healthcare, and livelihood opportunities, keeping their traditional practices in mind.
• Encourage local governance: Strengthen local governance mechanisms like Gram Sabhas in scheduled areas for better participation and decision making.
• Implement technology driven solutions: Use digital platforms to enhance access to government services, and financial inclusion, and bridge the communication gap in remote areas.
• Collaboration with NGOs: Work with non governmental organizations that specialize in tribal welfare to implement grassroots level interventions.
• Monitor and evaluate: Regularly assess the impact of policies and programs to ensure they meet the unique needs of tribal communities and make course corrections where necessary.