Model Answer
0 min readIntroduction
Scheduled Areas are regions in India designated by the President of India as having a predominantly tribal population, as per the Constitution of India. These areas are recognized under the Fifth Schedule, while Sixth Schedule deals with certain tribal areas in North-Eastern states. The concept emerged from the understanding that tribal communities require special protection and governance frameworks to preserve their cultural identity, socio-economic well-being, and traditional land rights, particularly in the wake of post-independence development initiatives. The designation of these areas is crucial for ensuring inclusive development and addressing historical injustices faced by tribal populations.
Constitutional Provisions & Historical Context
The foundation for Scheduled Areas lies in Article 244(1) of the Constitution, which defines Scheduled Areas. The Fifth Schedule, applicable to most states excluding those in the North-East, empowers the Governor to administer these areas. The Sixth Schedule, on the other hand, provides for the formation of Autonomous District Councils (ADCs) in Assam, Meghalaya, Mizoram, and Tripura.
The initial impetus for recognizing Scheduled Areas came from the recommendations of the Simon Commission (1928) and the Indian Statutory Commission (1931), which highlighted the need for special administrative arrangements for tribal communities. Post-independence, the Constitution framers incorporated these concerns, leading to the Fifth and Sixth Schedules.
Fifth Schedule Areas: Governance Structure
In Fifth Schedule Areas, the Governor exercises administrative control. Key features include:
- Tribal Advisory Council (TAC): Consisting of 20 members, a majority of whom are members of Scheduled Tribes, the TAC advises the Governor on matters relating to the welfare and development of Scheduled Tribes.
- Scheduled Tribes Commission: State governments are required to constitute a commission to investigate the conditions of Scheduled Tribes and recommend measures for their improvement.
- Land Transfer Regulations: Restrictions are placed on the transfer of land owned by Scheduled Tribes to non-tribals to prevent alienation.
Sixth Schedule Areas: Autonomous District Councils
The Sixth Schedule provides for self-governance through ADCs. These councils have legislative, administrative, and judicial powers within their designated areas.
| Feature | Fifth Schedule | Sixth Schedule |
|---|---|---|
| Governance | Governor-led administration with TAC | Autonomous District Councils (ADCs) |
| Legislative Power | Limited; Governor can make regulations | Extensive; ADCs can make laws on land, forests, etc. |
| Geographical Scope | Most states (excluding North-East) | Assam, Meghalaya, Mizoram, Tripura |
Challenges in the Administration of Scheduled Areas
- Implementation Gaps: Despite constitutional provisions, implementation of laws and policies related to land rights, forest rights, and education remains weak.
- Poverty and Displacement: Development projects, such as mining and dam construction, often lead to displacement of tribal communities and exacerbate poverty.
- Naxalism and Insurgency: Lack of development and grievances related to land alienation contribute to the rise of Naxalism and insurgency in some Scheduled Areas.
- Weakening of Traditional Institutions: Modern governance structures often undermine traditional tribal institutions and decision-making processes.
- Forest Rights Act (FRA) Implementation: Slow and inadequate implementation of the FRA, 2006, hinders the recognition of traditional forest rights.
Recent Developments & Way Forward
The Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA) aims to empower local self-governance in Scheduled Areas by extending the provisions of the 73rd Constitutional Amendment. However, its effective implementation remains a challenge. Strengthening the TACs, ensuring effective implementation of the FRA, promoting participatory governance, and addressing the root causes of poverty and displacement are crucial for the holistic development of Scheduled Areas.
Conclusion
Scheduled Areas represent a unique experiment in constitutional governance aimed at protecting the rights and promoting the welfare of tribal communities. While significant progress has been made, persistent challenges related to implementation, displacement, and governance require sustained attention. A holistic approach that combines constitutional safeguards, effective policies, and participatory governance is essential for ensuring inclusive and sustainable development in these areas, fostering a sense of justice and empowerment among tribal populations.
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.