Scheduled and Tribal Areas : Unpacking Article 244 of Indian Constitution

SCHEDULED AND TRIBAL AREAS

Article 244 and Constitutional Scheme

Article 244, found in Part X of the Constitution, establishes a special system of administration for certain areas designated as Scheduled Areas and Tribal Areas. The framers recognized that these areas, due to their distinct social and economic conditions, required a separate administrative framework. The Fifth Schedule of the Constitution deals with the administration and control of Scheduled Areas and Scheduled Tribes in all states except the four north-eastern states of Assam, Meghalaya, Tripura, and Mizoram. In contrast, the Sixth Schedule specifically addresses the administration of tribal areas within those four states.

Administration of Scheduled Areas

The Scheduled Areas are treated differently from other regions of India because they are predominantly inhabited by aboriginal tribal populations, who are socially and economically backward. Recognizing this, the Constitution envisages special arrangements so that the normal state administrative machinery is not fully applied here. Instead, the Union Government bears greater responsibility for their governance and development. Currently, ten states in India have notified Scheduled Areas: Andhra Pradesh, Telangana, Jharkhand, Chhattisgarh, Gujarat, Himachal Pradesh, Madhya Pradesh, Maharashtra, Odisha, and Rajasthan.

Key Features under the Fifth Schedule

1. Declaration of Scheduled Areas

The President has the power to declare any area as a Scheduled Area. He or she may increase or decrease its size, alter boundaries, revoke such designation, or make fresh orders regarding its reclassification, in consultation with the Governor of the concerned state. The general criteria considered for declaring an area as scheduled, though not expressly stated in the Constitution, are:

o Predominance of tribal population,
o Compactness and reasonable size of the area,
o Existence of a viable administrative unit such as a District, Block, or Taluk, and
o Economic backwardness of the area compared to its neighbours.

2. Executive Power of the State and Centre

The executive power of a state extends to Scheduled Areas, but the Governor carries a special responsibility for their administration. He or she must submit a report to the President annually, or whenever required, regarding governance in these areas. Simultaneously, the Union Government enjoys the authority to issue directions to the states concerning administration of Scheduled Areas.

3. Tribes Advisory Council

Each state with Scheduled Areas is mandated to establish a Tribes Advisory Council to advise on matters related to the welfare and advancement of Scheduled Tribes. The council consists of 20 members, three-fourths of whom are representatives of Scheduled Tribes in the state legislative assembly. Furthermore, even in states where Scheduled Tribes exist but no Scheduled Areas are notified, the President may direct the formation of such a council.

4. Application of Laws to Scheduled Areas

The Governor is empowered to decide whether a law passed by Parliament or the state legislature applies to a Scheduled Area, and if so, whether it should apply with modifications or exceptions. Moreover, the Governor may frame special regulations for peace and good governance in Scheduled Areas after consulting the Tribes Advisory Council. Such regulations may:
o Restrict or prohibit the transfer of land among members of Scheduled Tribes,
o Govern the allotment of land to tribals,
o Regulate money-lending business in tribal regions, and
o Amend or repeal existing parliamentary or state laws applicable in these areas.
However, these regulations are valid only with the President’s assent.
Commissions on Scheduled Areas

The Constitution requires that a Commission be appointed by the President to report on the administration of Scheduled Areas and the welfare of Scheduled Tribes. Such commissions are mandatory at least once every ten years after the commencement of the Constitution.

• The first commission was set up in 1960 under U.N. Dhebar, which submitted its report in 1961.
• After a long gap, the second commission was appointed in 2002 under Dilip Singh Bhuria, which submitted its report in 2004.

Administration of Tribal Areas

While the Fifth Schedule applies to Scheduled Areas in most states, the Sixth Schedule makes special arrangements for tribal areas in Assam, Meghalaya,Tripura, and Mizoram. The rationale for such exceptional treatment lies in the fact that the tribes in these four states have retained a distinct cultural identity and have not assimilated into the mainstream way of life. Unlike tribal groups elsewhere in India, these communities continue to maintain their indigenous customs and traditions, and hence require a higher degree of autonomy for self-government. At present, there are ten notified tribal areas spread across these four states.

Key Features under the Sixth Schedule

1. Autonomous Districts

The tribal areas in the four north-eastern states are designated as autonomous districts. While these districts enjoy autonomy, they remain under the general executive authority of the state concerned.

2. Governor’s Powers of Reorganisation

The Governor is empowered to organise or reorganise autonomous districts. He or she can alter their areas, boundaries, or names. In cases where different tribes inhabit the same district, the Governor may further divide it into autonomous regions.

3. District and Regional Councils

Each autonomous district has a District Council comprising 30 members. Of these, 26 are elected on the basis of adult franchise for a five-year term (unless dissolved earlier), while 4 are nominated by the Governor and hold office at his or her pleasure. Autonomous regions within districts also have their own Regional Councils.

4. Legislative Powers of Councils

The District and Regional Councils can legislate on specified subjects, such as:

o Land, forests, and water resources,
o Shifting cultivation,
o Village administration,
o Inheritance of property,
o Marriage, divorce, and social customs.
However, all such laws require the Governor’s assent before coming into force.

5. Judicial Powers

Within their jurisdiction, these councils may constitute village councils or courts to try suits and cases between tribal members. Appeals from such courts can be heard by the District or Regional Council. The extent of jurisdiction of High Courts over these cases is determined by the Governor.

6. Administrative Functions

The District Councils are empowered to establish and manage primary schools, dispensaries, markets, ferries, fisheries, roads, and similar public amenities. They may also regulate money-lending and trading by non-tribals, subject to the Governor’s assent.

7. Financial Powers

The District and Regional Councils have authority to assess and collect land revenue and to impose specified taxes within their jurisdictions.

8. Application of Laws

Acts of Parliament or the state legislature may not automatically apply to Autonomous Districts and Regions; if applied, they may be subject to modifications and exceptions as specified.

9. Governor’s Oversight and Commissions

The Governor may appoint a Commission to examine matters related to the administration of Autonomous Districts and Regions. Based on its recommendations, the Governor may even dissolve a District or Regional Council if required.