Write in detail various provisions provided by the Constitution of India for the scheduled tribes under Vth and VIth Schedules.

The Fifth Schedule – Administration of Tribal Areas

The Fifth Schedule deals with the administration of Scheduled Areas in states like Andhra Pradesh, Telangana, Maharashtra, Madhya Pradesh, Chhattisgarh, Jharkhand, and Odisha. It came into effect in 1950, with subsequent amendments in 1976.

Key Provisions of the Fifth Schedule:

• Areas Defined: Defines "Scheduled Areas" as areas predominantly inhabited by Scheduled Tribes as specified in the Schedule.
• Legislative Powers: Grants the state legislature power to make laws concerning land, forest, water, minerals, and other matters within the Scheduled Areas. However, Parliament has overriding powers.
• Administration of Tribal Affairs: Provides for the establishment of a Tribal Advisory Council (TAC) to advise the state government on tribal affairs. While the TAC is mandatory, its recommendations are advisory and not binding on the state government.
• Local Self-Governance: Encourages local self-governance through the creation of Village Councils. Article 244(3) mandates that laws made by the State Legislature relating to the transfer of land or its occupancy in the Scheduled Areas shall not be valid without the prior approval of the TAC.
• Protection of Tribal Culture & Traditions: Aims to preserve tribal culture, customs, and traditions.

Limitations of the Fifth Schedule:

• Advisory Nature of TAC: The non-binding nature of TAC recommendations often undermines its effectiveness.
• State Control: The schedule primarily vests power in the state government, which can lead to exploitation and marginalization of tribal communities.
• Lack of Genuine Decentralization: The Village Councils often lack adequate resources and authority to effectively manage local affairs.

The Sixth Schedule – Autonomous District Councils

The Sixth Schedule was introduced in 1952 and applies to states of Assam, Meghalaya, Tripura, and Mizoram. It aims to provide greater autonomy to tribal-dominated districts.

Key Provisions of the Sixth Schedule:

• Autonomous District Councils (ADCs): Establishes ADCs for tribal-dominated districts, granting them legislative, administrative, and judicial powers.
• Powers & Functions: ADCs have powers to make laws on matters like:
  • Land and forest
  • Agriculture
  • Mines and minerals
  • Local customary laws
  • Local institutions
• Representation: Provides for the election of members to the ADCs.
• Executive Committees: Each ADC has an Executive Committee responsible for the administration of the council.
• Governor’s Role: The Governor can issue directions to the ADC, and the ADC is bound to comply.

Limitations of the Sixth Schedule:

• Limited Powers: The powers of ADCs are limited and subject to the control of the state government.
• Financial Dependence: ADCs are heavily dependent on state government funding, which can compromise their autonomy.
• Political Interference: ADCs are often susceptible to political interference from the state government.
• Lack of Resources and Capacity: Many ADCs lack the resources and expertise to effectively discharge their responsibilities.

Comparison: Fifth vs. Sixth Schedule

Feature	Fifth Schedule	Sixth Schedule
Geographic Scope	Andhra Pradesh, Telangana, Maharashtra, Madhya Pradesh, Chhattisgarh, Jharkhand, Odisha	Assam, Meghalaya, Tripura, Mizoram
Type of Governance	Advisory councils and Village Councils	Autonomous District Councils
Level of Autonomy	Lower, primarily advisory	Higher, with legislative and administrative powers
State Control	Significant	Significant, but ADCs have more defined powers

Recent Developments and Challenges

The NITI Aayog's report on ‘Revisiting the Sixth Schedule’ (2020) has highlighted the need for reforms to enhance the effectiveness of ADCs. Issues like overlapping jurisdictions, inadequate funding, and lack of capacity building remain significant challenges. The demand for a separate state of Bodoland in Assam, with an autonomous council enjoying greater powers, exemplifies the ongoing struggle for tribal self-determination.

The recent unrest in Jharkhand over the amendment to the CNT Act (Chotanagpur Tenancy Act) demonstrates the sensitivity surrounding land rights and the need for greater tribal participation in decision-making processes. The Act, crucial for protecting tribal land, was allegedly amended without adequate consultation with tribal communities, leading to protests. Title: The Dimasa Autonomy Movement in Assam Description: The Dimasa people of Assam have long demanded greater autonomy within the Sixth Schedule framework. They argue that the existing ADC system is inadequate to address their specific cultural and political needs. The movement has involved protests and demands for a separate Dimasa Autonomous Council with greater powers. Outcome: While the government has attempted to address some concerns through amendments and discussions, the issue remains unresolved, highlighting the limitations of the Sixth Schedule in meeting the aspirations of all tribal communities. Question: What is the difference between the Fifth and Sixth Schedules in terms of their impact on tribal governance? Answer: The Fifth Schedule provides for advisory councils and village governance, with the state maintaining significant control. The Sixth Schedule establishes autonomous district councils with greater legislative and administrative powers, although these remain subject to state oversight. Name: Tribal Sub-Plan (TSP) Description: This is a government initiative launched in 1996 to allocate funds for the development of tribal communities across various sectors. It ensures that at least 2.5% of the total plan size is allocated for the development of Scheduled Tribes.