Model Answer
0 min readIntroduction
The Fifth Schedule of the Indian Constitution deals specifically with the administration of Scheduled Areas and Scheduled Tribes. Governors play a crucial role in these regions, mandated to safeguard tribal interests and promote their welfare. The constitutional framework envisions the Governor as a bridge between the state government and tribal communities, ensuring their cultural preservation and developmental needs are addressed. Recent debates concerning the Governor’s discretionary powers and their impact on tribal autonomy highlight the need for a critical examination of their role, especially in light of increasing instances of displacement and resource exploitation.
Constitutional Framework and Governor's Role
The Fifth Schedule was introduced in 1950 and amended in 1990. It outlines procedures for regulating the administration of Scheduled Areas, recognizing their unique socio-cultural contexts. The Governor, as per Article 371(1) and (2), has specific responsibilities regarding these areas.
Key Powers and Functions
- Safeguarding Tribal Interests: The Governor is obligated to safeguard the cultural and social identity of Scheduled Tribes. This involves ensuring their participation in developmental planning and protecting their traditional land rights.
- Advisory Role: The Governor consults with the Tribal Advisory Council (TAC), a body comprising tribal representatives and experts, to formulate policies for Scheduled Areas. While the TAC’s recommendations are advisory, the Governor is expected to consider them seriously.
- Land Acquisition & Mining: The Governor has a crucial role in regulating land acquisition and mining activities within Scheduled Areas, ensuring that tribal consent is obtained and environmental safeguards are in place. The Panchayat Extension to Scheduled Areas (PESA) Act, 1996, reinforces this requirement.
- Discretionary Powers: The Governor possesses discretionary powers to intervene when state actions impact tribal interests. This power, however, has been a source of contention, often perceived as politically motivated.
Challenges and Controversies
Despite the constitutional mandate, the Governor's role often faces challenges:
- Political Interference: Governors are often seen as extensions of the ruling party at the state and central level, undermining their impartiality and ability to safeguard tribal interests.
- TAC Effectiveness: The effectiveness of TACs is often limited by inadequate representation, lack of resources, and infrequent meetings.
- Implementation Gaps: Despite legal provisions, land alienation and exploitation of natural resources continue to be significant issues in Scheduled Areas, indicating gaps in implementation and monitoring.
- Discretionary Powers misuse: The use of discretionary powers is often questioned, leading to accusations of bias and political interference.
Case Study: Niyamgiri Hills Mining Conflict
The Niyamgiri Hills in Odisha, a sacred site for the Dongria Kondh tribe, witnessed a protracted conflict over bauxite mining. Despite initial approvals, the Supreme Court in 2013 directed that the consent of the Gram Sabhas (village councils) be obtained. The Governor’s intervention, coupled with the PESA Act, ultimately led to the rejection of mining proposals in most villages, demonstrating the potential of the Governor's role in protecting tribal rights when exercised judiciously.
Recent Developments and Recommendations
The Punchhi Commission (2007) and the Second ARC (2008) have recommended greater autonomy for Governors and emphasized the importance of strengthening TACs. There is a growing demand for making TAC recommendations binding on the state government.
| Provision | Details |
|---|---|
| Article 371(1) | Special provisions with respect to the states of Maharashtra, Gujarat, Andhra Pradesh, Karnataka and Tamil Nadu. This includes provisions for Scheduled Areas. |
| PESA Act, 1996 | Extends Panchayats to Scheduled Areas and empowers Gram Sabhas in resource management. |
Conclusion
The Governor’s role in Fifth Schedule areas remains vital for upholding constitutional values and protecting tribal rights. While the constitutional framework provides a foundation for safeguarding these interests, challenges like political interference and implementation gaps need to be addressed. Strengthening TACs, ensuring greater transparency in discretionary powers, and prioritizing tribal consent in development projects are crucial steps towards realizing the original intent of the Fifth Schedule and fostering inclusive growth.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.