UPSC NCERT Notes - Polity - Scheduled and Tribal Areas

Studying the intricacies of India’s political landscape is essential for understanding its diverse socio-cultural fabric. Within this framework, the Scheduled and Tribal Areas occupy a significant position, representing the nation’s commitment to inclusivity and protection of marginalized communities. The UPSC NCERT Notes on Indian Polity delve into these critical aspects, providing a comprehensive understanding of the legal, administrative, and socio-economic dimensions governing these areas. Through an exploration of historical contexts, constitutional provisions, and contemporary challenges, these notes offer invaluable insights into the complexities and nuances of governance in Scheduled and Tribal Areas. In this introductory paragraph, we embark on a journey to unravel the layers of policies, rights, and empowerment mechanisms that shape the lived experiences of these communities within the Indian democratic framework.

The governance of tribal societies traditionally follows the customary laws of various tribes, often remaining isolated from mainstream societies. As a result, they necessitate unique governance provisions. Article 244 of the Constitution is designed to safeguard the interests of these tribal societies.

Table of Contents

Constitutional Provisions

Part X, Article 244 of the Indian Constitution addresses Scheduled Areas and Tribal Areas.
The Fifth Schedule and Article 244(1) govern the administration of Scheduled Areas and Scheduled Tribes in states, excluding Assam, Meghalaya, Tripura, and Mizoram. The latter four are covered under the Sixth Schedule and Article 244(2).
Scheduled areas are those inhabited by tribes identified as Scheduled Tribes.
Article 244(A) empowers Parliament to establish an autonomous state within Assam in specific tribal areas, added by the 22nd Constitutional Amendment Act of 1969.
Scheduled areas enjoy autonomy in matters like marriage, law, property transfer, inheritance, etc., for tribal welfare.
State Governments face certain restrictions in controlling tribal areas.
The criteria for declaring an area as a Scheduled Area under the Fifth Schedule. These criteria include the predominance of tribal population, the density and size of the area forming a viable administrative unit, and the economic backwardness compared to neighboring areas.

Declaration of a Scheduled Area

Declaration of a Scheduled Area involves the President of India consulting the Governor of the concerned state. The President can then direct changes in the area, such as reduction, expansion, renaming, or cancellation, but only through laws passed by Parliament.
New orders defining Scheduled Areas can be issued periodically, with the responsibility lying with the governor of the concerned state. The executive power of the State extends to these Scheduled Areas.
The Governor submits an annual report to the President regarding the administration of these areas and informs the state about them.
Parliament can amend the Fifth Schedule through general legislation. Such amendments are not considered constitutional amendments and do not require a special majority, as they are directed to this specific list.

Administration and Control of Scheduled and Tribal Areas:

The Fifth Schedule provides provisions for the administration and control of scheduled and tribal areas.
The executive power of a state extends to scheduled areas, and the Governor holds a special responsibility for these areas. The Governor submits reports to the President annually or as required by the President.

State	Scheduled Areas
Andhra Pradesh	Visakhapatnam, East Godavari, West Godavari.
	Adilabad, Srikakulam, Vizianagaram, Mahboobnagar, Prakasam (only some manuals are scheduled manuals).
Jharkhand	Dumka, Godda, Deoghar, Sahibganj, Pakur, Ranchi, Singhbhum (East and West), Gumla, Simdega, Lohardaga, Palamu, Garhwa (some districts are only partly tribal blocks).
Chhattisgarh	Surguja, Bastar, Raigarh, Raipur, Rajnandgaon, Durg. Bilaspur, Kanker.
Himachal Pradesh	Lahaul and Spiti districts, Kinnaur, Pangi tehsil and Bharmaur Sub-tehsil in Chamba district.
Madhya Pradesh	Jhabua, Mandla, Dhar, Khargone, East Nimar (Khandwa), Sailana tehsil in Ratlam district, Betul, Seoni, Balaghat, Morena, Shandol.
Gujarat	Surat, Bharuch, Dang, Valsad, Panchmahal, Sadodar, Sabarkantha (parts of these districts only).
Maharashtra	Thane, Nasik, Dhule, Ahmednagar, Pune, Nanded, Amravati, Yavatmal, Gadchiroli, Chandrapur (parts of these districts only).
Odisha	Mayurbhanj, Sundargarh, Koraput (fully scheduled area in these three districts). Rayagada, Keonjhar, Sambalpur, Boudhkondmals, Ganjam, Kalahandi, Bolangir, Balasore (parts of these districts only).
Rajasthan	Banswara, Dungarpur (fully tribal districts), Udaipur, Chittaurgarh, Sirohi (partly tribal areas).
Telangana	Adilabad, Komrambeen Asifabad, Mancherial, Mulug, Warangal (Rural), Mahbubabad, Bhadradri-Kothagudens, Khammam, Nagar Kurnool.

Tribal Advisory Council

The establishment of a Tribal Advisory Council (TAC) is mandated by Article 4 of the Indian Constitution. It is to be set up in every state with Scheduled Areas as per Article 244(1) of the Fifth Schedule.
Additionally, if directed by the President, states with Scheduled Areas are also required to form a TAC. The council comprises 20 members, of which three-fourths must be representatives of the Scheduled Tribes in the State Legislative Assembly.
Similarly, the establishment of this council in a state with Scheduled Tribes but without Scheduled Areas requires the permission of the President.
Tribal Advisory Councils have been established in 10 states with Scheduled Areas: Andhra Pradesh, Telangana, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, and Rajasthan. Additionally, Tribal Advisory Councils have been constituted in West Bengal, Tamil Nadu, and Uttarakhand, despite the absence of Scheduled Areas.

Laws Applicable to Scheduled Areas:

The Governor holds the power to decide whether to apply a specific Act of Parliament or the State Legislature to a scheduled area, with the option to make exceptions and modifications.
The Governor can also create regulations for peace and good governance in scheduled areas, including restrictions on land transfer, control over moneylenders, and regulation of land allotment.
In the process, the Governor may repeal or amend any applicable Act of Parliament or the State Legislature.
Consultation with the Tribal Advisory Council is mandatory for making regulations. Parliament has the authority to amend or repeal any provision of the Fifth Schedule, which is not considered an Amendment under Article 368.
The Constitution provides for the formation of a commission to report on the welfare of Scheduled Tribes in the states and the administration of scheduled lands. Under Article 339(1), this commission must be established within 10 years of the Constitution’s commencement.
The first commission, chaired by UN Dhebar, was established in 1960, and the second commission, under Dilip Singh Bhuria, was set up in 2002.

Administration of Tribal Areas under the Sixth Schedule

The Sixth Schedule allows for the formation of Autonomous District Councils in Assam, Meghalaya, Tripura, and Mizoram under Articles 244(2) and 275(1)(a) of the Indian Constitution.
This provision is made to address the fact that tribal people in these areas have not fully adopted mainstream lifestyles.

Special Provisions under the Sixth Schedule:

States	Provisions
Assam	Dima Hasao Autonomous District Council
	Karbi Anglong District
Meghalaya	Garo Hills District
	Jaintia Hills District
	Khasi Hills District
Tripura	Tripura Tribal Areas Autonomous District Council
Mizoram	Chakma District
	Mara District
	Lai District

By the 22nd Constitutional Amendment Act of 1969, Article 244 authorized Parliament to establish an autonomous state by merging some tribal states of Assam.

Constitution of District Councils:

The tribal areas in these states are considered autonomous districts but still fall within the executive authority of the concerned state.
The Governor has the authority to organize and reorganize these districts, alter boundaries, conduct delimitation, oversee elections, determine qualifications, and establish terms of office.
In cases where an autonomous district has different tribes, the Governor can divide the district into several autonomous regions.
In each Autonomous District and Regional Council, a maximum of 30 members are accommodated, with four members appointed by the Governor and the remaining 26 elected based on adult franchise.
Elected members serve a five-year term, while nominated members hold office at the pleasure of the Governor. Each autonomous region is equipped with a separate Regional Council.

Powers of the District Councils and Regional Councils to Make Laws

District and Regional Councils are vested with the authority to enact laws on various matters, including:
- Management of any non-reserved forest.
- Utilization of canals or watercourses for agricultural purposes.
- Regulation of Jhum or other forms of shifting cultivation.
- Establishment of village or town committees/councils and delineation of their powers.
- Any matter related to village or town administration, encompassing village or town police, public health, and sanitation.
- Appointment or succession of Chiefs or Headmen.
- Inheritance of property.
- Marriage and divorce.
- Social customs.
However, all laws passed by the councils must be presented to the Governor before implementation, subject to the Governor’s discretion.
The Governor also holds the authority to issue orders directing the application or modification of laws passed by the State Legislature to the territories of District Councils and Regional Councils.
If an act or resolution passed by a district council affects India’s security and public order, the Governor has the right to suspend the district council. The same applies to laws passed by Parliament, with the Governor acting in consultation with the President.

Particularly Vulnerable Tribal Groups

Particularly Vulnerable Tribal Groups (PVTGs) are the most vulnerable among tribal groups, characterized by a declining or stagnant population, low literacy levels, pre-agricultural technology, and economic backwardness.
In 1973, the Dhebar Commission created Primitive Tribal Groups (PTGs) as a distinct category representing less-developed tribal groups.
The criteria for identifying Particularly Vulnerable Tribal Groups, based on the Dhebar Commission report, include:
P111known as Primitive Tribal Groups, they were officially designated as Particularly Vulnerable Tribal Groups in 1975.
As of the 2011 Census, there are 75 PVTGs spread across 18 States and 1 Union Territory (Andaman and Nicobar Islands) in India.
The Ministry of Tribal Affairs oversees the implementation of the ‘Development of Particularly Vulnerable Tribal Groups (PVTGs)’ scheme, focusing on Conservation-cum-Development (CCD)/Annual Plans tailored to the specific needs of PVTGs.
These plans undergo appraisal and approval by the Project Appraisal Committee of the Ministry.

Distribution of Particularly Vulnerable Tribal Groups

Tribes	State
Bodo Gadaba, Bondo Poroja, Chenchu, Dongria Khond, Gutob Gadaba, Khond Poroja, Kolam, Kondareddis, Konda Savaras, Kutia Khond, Parengi Poroja, thodi	Andhra Pradesh and Telangana
Asurs, Birhor, Birjia, Hill Kharia, Konvas, Mal Paharia, Parhaiyas, Sauda Paharia, Savar, Kathodi, Kohvalia, Padhar, Siddi, Kolgha	Bihar and Jharkhand
Jenu Kuruba, Koraga, Cholanaikayan (a section of Kattunaickans), kadar, kattunayakan, kurumbas, koraga	Gujarat
Abujh Macias, Baigas, Bharias, Hilll Korbas, Kamars, Saharias, Birhor, Katkaria (Kathodia), Kolam, Maria Gond	Karnataka
Marram Nagas, Birhor, Bondo, Didayi, Dongria-khond, Juangs, Kharias, Kutia Kondh, Lanjila Sauras Lodhas, Mankidias, Paudi Bhuyans, Soura, Chukta Bhunjija	Madhya Pradesh and Chhattisgarh
Seharias, Kattua Nayakans, Kotas, Kurumbas, Irulas, Paniyans, Todas	Kerala
Kattua Nayakans, Kotas, Kurumbas, Irulas, Paniyans, Todas	Tamil Nadu
Readings	Tripura
Buxas, Rajis	Uttar Pradesh and Uttarakhand
Birhor, Lodas, Totos	West Bengal
Great Andamanese, Jarawas, Onges, Sentinelese, Shorn, Pens	Andaman and Nicobar Islands

Prelims Facts

Since which year did the Government of India commence the recognition of Primitive Tribal Groups (PTGs) as more backward communities among the tribal population groups? 1975 [MPPSC (Pre) 2003]
Which schedule of the Constitution of India incorporates special provisions for the administration and control of scheduled areas in several states? Fifth Schedule [IIAS (Pre) 2008]
Under which schedule can the Constitution of India declare the transfer of tribal land to private parties for mining as null and void? Fifth Schedule [IAS (Pre) 2019]
The Sixth Schedule of the Indian Constitution pertains to the provisions for the administration of tribal areas in which states? Assam, Meghalaya, Mizoram, and Tripura [APSC (Pre) 2013]
To which states do the provisions of the Sixth Schedule of the Constitution apply? Assam, Tripura, Meghalaya, and Mizoram [IMPPSC (Pre) 2005, UPPSC (Mains) 2016]
In which Article of the Constitution is the provision for the National Commission for Scheduled Tribes given? Article 338 [A IAS (Pre) 2013]
Under the Indian Constitution, the provision for Scheduled Tribes in the Lok Sabha is made under which Article? Article 330 [UPPSC (Pre) 2010]
Which Article provides reservation seats for the Scheduled Castes and Scheduled Tribes in the Panchayats? Article 243(D) [UKPSC (Pre) 2016]
Which state has the maximum Scheduled Tribes population? Madhya Pradesh [UPPSC (Pre) 1991]
The lists of Scheduled Castes and Scheduled Tribes are prepared and amended by the Central Government on the recommendations made by the State Government [IMPPSC (Pre) 1994]

UPSC NCERT Practice Questions

1. The authority to speedy as to which castes shall be deemed to be Scheduled Castes rests with the UPPSC (Mains) 2006, UPPSC (Pre) 2016

(a) Commission of Scheduled Castes and Tribes

(b) Prime Minister

(d) President

2 Which Schedule of the Constitution of India contains special provisions for the administration and control of scheduled areas in several states? IAS (Pre) 2008

(a) 3rd

(b) 5th

(d) 9th

3 Who can repeal or amend any Act of Parliament or of Legislature of the State or any existing law which is for the time being applicable to the area covered under scheduled area?

(a) President of India

(b) Supreme Court

(d) High Court of State

4.If a particular area was brought under the Fifth Schedule of the Constitution of India, which one of the following statements best reflects the consequence of it? IAS (Pre) 2022

(a) This would prevent the transfer of land from tribal people to non-tribal people.

(b) This would create a local self-governing body in that area.

(d) The state having such areas would be declared a Special Category State.

5. Consider the following statements, concerning the administration of tribal areas.

1. If there are different tribes in an Autonomous district, the Governor can divide the district into several autonomous regions.

2. The President is empowered to declare an area to be a tribal area. He can also increase or decrease its area.

Which of the above statement (s) is/are true, choose from the codes given below.

Codes

(a) Only 1

(b) Only 2

(d) Neither 1 nor 2

6. Concerning ‘Scheduled Areas’ in India, consider the following statements: IAS (Pre) 2023

1. Within a state, the notification of an area as a Scheduled Area takes place through an order of the President.

2. The largest administrative unit forming the Scheduled Area is the District and the lowest is the cluster of villages in the Block.

3. The Chief Ministers of the concerned states are required to submit annual reports to the Union Home Ministry on the administration of Scheduled Areas in the states.

How many of the above statements are correct?

(a) Only one

(b) Only two

(d) None

7. The provisions of the Sixth Schedule do not apply to which one of the following states?

(a) Assam

(b) Tripura

(d) Mizoram

8. The Constitution under the Sixth Schedule, contains special provisions for the administration of tribal areas in the four North-Eastern states.

(a) The Chakma District

(b) The Mora district

(d) The Karbi Anglong district

9. The provisions in the Fifth Schedule and Sixth Schedule in the Constitution of India are made to

(a) protect the interest of Scheduled Tribes.

(b) determine the boundaries between states.

(d) protect the interests of all the border states.

10. Consider the following statements: IAS (Pre) 2023

Statement- | The Supreme Court of India has held in some judgments that the reservation policies made under Article 16(4) of the Constitution of India would be limited by Article 335 for the maintenance of efficiency of administration.

Statement- || Article 335 of the Constitution of India defines the term ‘efficiency of administration’.

Which one of the following is correct in respect of the above statements?

(a) Both Statement-I and Statement-II are correct and Statement-Il is the correct explanation for Statement-I

(b) Both Statement-I and Statement-Il are correct and Statement-II is not the correct explanation for Statement-I

(d) Statement-I is incorrect but Statement-ll is correct

Know Right Answer

1. (d)

2.(b)

3.(c)

4.(a)

5.(a)

6.(b)

7.(c)

8.(d)

9.(a)

10.(c)

Frequently Asked Questions (FAQs)

Q1: What is the significance of Scheduled Areas in Indian Polity?

A1: Scheduled Areas in Indian Polity are regions with a significant tribal population, as identified by the Fifth Schedule of the Constitution. The significance lies in the special provisions and safeguards provided to protect the rights and interests of the tribal communities residing in these areas. These provisions include local self-governance through autonomous councils, restrictions on the transfer of land from tribal to non-tribal individuals, and the regulation of money lending and other financial transactions to prevent exploitation.

Q2: How are Scheduled Tribes (STs) defined in the context of Indian Polity?

A2: Scheduled Tribes (STs) are communities that are specifically listed in the Constitution under the Scheduled Tribes Order. The President of India, in consultation with the Governor of each state, has the authority to notify these tribes. The criteria for inclusion are based on distinctiveness, primitiveness, geographical isolation, shyness of contact with the community at large, and backwardness. Members of these tribes are entitled to certain affirmative action measures, such as reservation in educational institutions and government jobs, to promote their social and economic well-being.

Q3: How does the PESA Act empower local self-governance in Scheduled Areas?

A3: The Panchayats (Extension to Scheduled Areas) Act, or PESA, is a crucial legislation aimed at empowering local self-governance in Scheduled Areas. It grants autonomy to tribal villages by recognizing their traditional rights over local resources and decision-making processes. Under PESA, tribal gram sabhas (village assemblies) have the authority to manage their natural resources, control local institutions, and the power to regulate and restrict the sale and consumption of intoxicants. This Act enhances the participatory role of tribal communities in the planning and implementation of developmental programs, ensuring that their unique socio-cultural practices are taken into consideration.

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UPSC NCERT Notes – Indian Polity – Scheduled and Tribal Areas