Administration of Scheduled Areas
Q. Which of the following are true regarding features of 5th Schedule of Constitution?
1) Regulations regulating money-lending to scheduled tribes in state need assent of the President of India.
2) Tribes Advisory Council has maximum of 20 members.
3) Dilip Bhuria headed the 2nd Commission to report on the administration of the scheduled areas and the welfare of the scheduled tribes in the states.- Published on 10 Mar 17a. 1, 2
b. 2, 3
c. 1, 3
d. All of the above
ANSWER: All of the above
- Article 244 in Part 10 of the Constitution provides special provisions for administration of certain areas designated as ‘scheduled areas’ and ‘tribal areas’.
- The Fifth Schedule deals with the administration and control of scheduled areas and scheduled tribes in any state except the four states of Assam, Meghalaya, Tripura and Mizoram.
- At present 9 states have scheduled areas. Andhra Pradesh includes areas of Telangana.
As per M. P. Jain -
1. ‘The scheduled areas are treated differently from the other areas in the country because they are inhabited by ‘aboriginals’ who are socially and economically rather backward, and special efforts need to be made to improve their condition.
2. Therefore, the whole of the normal administrative machinery operating in a state is not extended to the scheduled areas and the Central Government has somewhat greater responsibility for these areas’.
Features of 5th Schedule -
Declaring areas as Scheduled Areas -
1. The President can declare an area to be a scheduled area.
2. President can also increase or diminish the area, re-draw its boundary lines, revoke status etc., of scheduled areas in consultation with the governor of the state concerned.
Executive Power of State and Union -
1. Scheduled areas lie within the executive power of a state, but the Governor has a special responsibility regarding such areas.
2. Governor submits a report to the President regarding the administration of these areas, annually or whenever so required by the President.
3. The executive power of the Union extends to giving directions to the states regarding the administration of such areas.
Tribes Advisory Council -
1. A Tribes Advisory Council shall be established in each State having Scheduled Areas.
2. It shall have maximum 20 members of whom 3/4th shall be the representatives of the Scheduled Tribes in the Legislative Assembly of the State.
3. It shall be the duty of the Tribes Advisory Council to advice on such matters pertaining to the welfare and advancement of the Scheduled Tribes in the State as may be referred to them by the Governor.
Law applicable to Scheduled Areas -
1. Governor may by public notification direct that any particular Act of Parliament or of the Legislature of the State shall not apply to a Scheduled Area or shall apply to a Scheduled Area subject to such exceptions and modifications.
2. The Governor may make regulations for the peace and good government of any area in a State which is a Scheduled Area.
3. These regulations need assent of President of India and may -
(a) prohibit or restrict the transfer of land by or among members of the Scheduled Tribes in such area;
(b) regulate the allotment of land to members of the Scheduled Tribes in such area;
(c) regulate the carrying on of business as money-lender by persons who lend money to members of the Scheduled Tribes in such area
(d) repeal or amend any act of Parliament or concerned State Legislature, which is applicable to the area.
- The Constitution requires the president to appoint a commission to report on the administration of the scheduled areas and the welfare of the scheduled tribes in the states.
- Commission can be appointed any time but it has to be appointed mandatorily after ten years of the commencement of the Constitution.
- Commission headed by U. N. Dhebar was appointed in 1960, which submitted its report in 1961.
- Second commission was appointed in 2002 under the chairmanship of Dilip Singh Bhuria.
