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Fifth Schedule of the Constitution of India

Last Updated : 13 Jul, 2022
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The Fifth Schedule of the Indian Constitution deals with the administration and management of Scheduled areas and Scheduled tribes where tribal communities are in majority. This Schedule aims to hold the state accountable for the advancement of tribals’ educational and economic objectives. It also attempts to give them social justice and protect them from all forms of exploitation. It excludes the states of Assam, Meghalaya, Tripura, and Mizoram.

The Fifth Schedule under Article 244(1) of the Constitution defines Scheduled Areas. “The areas inhabited by the socially and educationally backward ‘Aboriginals’ are called Scheduled Areas”.

The complete Schedule is divided into four parts, each of which is described below-

Part A

Part B

Part C

Part D
It provides general provisions such as interpretation of the Scheduled Areas.  It contains detailed information on how Scheduled Areas and Scheduled Tribes are administered and controlled.  It establishes rules for the declaration of Scheduled Areas.  It gives information about the Amendment of the Schedule. 
The executive authority of a state extends to the Scheduled Areas inside its borders.  Tribal Advisory Councils are established for States having Scheduled Areas.  The President has the authority to designate a region as a Scheduled Area with the approval of the State Governor.  By law, Parliament may amend, alter, or repeal any of the provisions of this Schedule at any time.

Who is Empowered to declare an area as a Scheduled Area?

The President of India, in conjunction with the Governor of the State, can increase, alter (by way of rectification of boundaries) or delete the territory of the Scheduled Areas at any time under section 6(2) of Schedule V. Thus, an order of the President, after consultation with the State Governments concerned, specifies the Scheduled Area in reference to a particular State/Union Territory. Any order(s) relating to Scheduled Areas would be altered, increased, or revoked using the same procedures.            

Who has jurisdiction over Scheduled Areas?       

The Union Government has jurisdiction over the management of Scheduled Areas and the welfare of Scheduled Tribes, according to Article 339 of the Indian Constitution. However, both the Centre and the States have duties to play in the administration of the Scheduled Areas. While the Governor of the State is required to report on the management of such areas to the President on an annual basis, the Centre offers the State instructions on how to administer such territories.

What are Tribal Advisory Councils?

To deal with the welfare and advancement of scheduled tribes in states, Tribal Advisory Councils (TACs) are established as Constitutional entities under Fifth Schedule. It shall be formed in each state with Scheduled Areas: Andhra Pradesh, Telangana, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha and Rajasthan. Tribal settlements in the states of Jammu & Kashmir, Kerala, Tamil Nadu, Karnataka, West Bengal, and Uttar Pradesh have not been included in the Fifth or Sixth Schedule.

Its features include-

  • It consists of a maximum of 20 members.
  • Three-fourths of the members should be representative of scheduled tribes in the state legislative assembly.
  • According to the Constitution, the Tribal Advisory Council’s role is to advise the Governor on matters concerning the welfare and advancement of the Schedules Tribes in the state which are referred to the council by the Governor.
  • The Governor has the authority to set regulations governing the number of members of the council, the manner in which they are appointed, and the appointment of the chairman of the council, among other things.

What are the Powers of the Governor under the Fifth Schedule?

  1.  The Governor has the authority to set regulations for the peace and good governance of any Scheduled Area in a State.
  2. If any federal or state legislation has ramifications for the state’s scheduled regions, the Governor has the authority to decide.
  3. The Governor can also remove or change any regulations pertaining to the state’s scheduled regions, but only with the President’s approval.
  4. To restrict or limit the transfer of land and to regulate the allotment of land by or among members of Scheduled Tribes 
  5. The Governor regulates the carrying on of business as money-lenders by persons who lend money to members of the Scheduled Tribes in such areas.

A shift in the way the Fifth Schedule is viewed would be a significant step forward in the campaign for tribal rights. To deal with this sensitive issue, the government and other authorities in the region must acquire the trust of tribals and non-tribals alike, as well as instil a sense of security and belonging among them.

 


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6th Schedule of the Indian Constitution

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