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India being a vast country, has distinctly categorised regions and populations for better governance and administration. Scheduled Areas are one such category which have been identified by the Fifth and Sixth schedule of the Indian Constitution.
Scheduled areas in India are primarily inhabited by the tribal and scheduled tribes communities and are identified by the government on the basis of various factors such as geographical location, primordial economies, and closely knit and egalitarian society.
What are Scheduled Areas?
The term ‘Scheduled Areas’ has been defined in the Indian Constitution as “such areas as the President may by order declare to be Scheduled Areas”.
Thereafter, the Article 244 (1), Paragraph 6 of the Fifth Schedule of the Constitution prescribes procedure for scheduling, descheduling and alteration of Scheduled Areas.
According to Article 339 of the Indian Constitution, the Union government is responsible for managing Scheduled Areas and ensuring the welfare of Scheduled Tribes.
Except for the states of Assam, Meghalaya, Tripura, and Mizoram, the provisions of the Fifth Schedule of the Constitution apply to the administration and control of scheduled territories and scheduled tribes in any state.
Under Article 342(1) and (2) of the Constitution, the majority of Indian tribes are listed as Scheduled Tribes. Article 244 (Administration of Scheduled and Tribal Areas) of Part X of the Constitution grants them broad immunity to the degree that they have a substantial right to self-determination.
Scheduled areas contain the maximum forest cover and are mineral-rich to a large extent. The corporate sector has been witnessed lobbying state governments vigorously for favourable rulings and large profits due to the business possibilities in such regions. It has an impact on the environment and the livelihoods of tribal tribes.
Criteria for the Scheduled Areas
The Constitution makes no mention of any precise criteria for establishing Scheduled Areas. However, because they were formed to safeguard tribals and aboriginals, the most basic criterion is a preponderance of tribal people in such areas.
Underdevelopment and a significant difference in people’s economic standards are additional requirements.
They embody the concepts followed in “Excluded” and “Partially-Excluded Areas” under the Government of India Act 1935; Schedule ‘B’ of recommendations of the Constituent Assembly’s Excluded and Partially Excluded Areas Sub Committee and the Scheduled Areas and Scheduled Tribes Commission 1961.
Among the other relevant factors, area and its compactness present in the form of a functional administrative unit such as taluk, district or block, and its relative economic backwardness are the key factors in determining a scheduled area.
The Tribal Sub Plan (or ‘TSP’) allocates resources for the administration of special programmes and budgets for Scheduled Areas. The TSP was established in the fifth Five Year Plan to enable coordinated expenditure of monies on projects for Scheduled Tribes in regions where they are the majority.
The goal of Scheduled Areas is to protect tribal sovereignty, culture, and economic empowerment, to promote social, economic, and political justice, and to maintain peace and good government.
Administration of Scheduled Areas in India
The Sixth Schedule contains the following administrative provisions for Scheduled Areas:
Role of Governor
The Governor of each state with scheduled regions must submit a report to the President at least once a year, or whenever the President directs. The Union’s executive power includes directing the administration of such territories by the states.
The Governor may make regulations for the peace and good governance of any area in a State that is currently designated as a Scheduled Area.
The Governor has the authority to direct that any act of parliament or state government not apply to scheduled areas, or that if it does apply, it does so with certain changes and exclusions. The rules and laws implemented by the Governor may extend as to
(a) Regulating the distribution of land to members of the scheduled tribes in such region;
(b) Regulating persons who lend money to members of the scheduled tribes
(c) Prohibiting or limiting the transfer of land in such a region
In doing so, he may abolish or change any act of parliament or the state legislature, as well as any existing law, that is currently applicable.
The President must assent to all of the following regulations.
- The Panchayati Raj and Municipalities Acts will not be automatically extended
- The state’s executive power extends to the areas specified. Both the Center and the States have roles to play in the administration of Scheduled Areas
- The Center directs how these regions are to be administered by the state
Appointment of Commission for Scheduled Areas in India
The Constitution mandates the establishment of a Commission to oversee the management of scheduled areas and the well-being of scheduled tribes in the regions.
He may convene such a commission at any time, but it must be done 10 years after the Indian Constitution’s inception, as stated in [Article 339(1)].
In 1960, UN Dhebar chaired the first group to report on the administration and welfare of the Scheduled Areas.
The second commission, which was constituted in 2002, was headed over by Dilip Singh Bhuria.
Panchayat Extension to Scheduled Areas Act, 1996
The Panchayat Extension to Scheduled Areas Act, 1996, or PESA was legislated by the Centre to ensure self-governance for people living in scheduled regions through gram sabhas.
It officially recognises the ability of tribal communities, residents of the scheduled areas, to govern themselves through their own forms of self-government, as well as their customary rights over natural resources.
In order to achieve this goal, Panchayat Extension to Scheduled Areas Act enables gram sabhas to play a significant role in approving development plans and controlling all social sectors.
In 1992, the 73rd constitutional amendment was enacted to encourage local self-governance in rural India. A three-tier Panchayati Raj Institution became law as a result of this modification.
However, Article 243(M) limited its application to scheduled and tribal territories.
Following the recommendations of the Bhuria Committee in 1995, the PESA Act of 1996 was enacted to ensure tribal self-government for people residing in scheduled areas in India.
This covers the systems and persons responsible for implementing regulations, exerting control over minor (non-timber) forest resources, minor water bodies, and minor minerals, administering local markets, avoiding land alienation, and regulating intoxicants, among other things.
Conclusion
Scheduled Areas in India are under severe circumstances at some of the places due to poor implementation of the existing laws and weak administration.
The regulation of PESA and constitutional provisions to the strictest adherence is the way to ensure the quality of life and survival the scheduled areas and tribes deserve in their own territory.
Thus, to preserve the innocence and the originality of the scheduled areas, the stakeholders should step up and see to the proper implementation of rules and form new laws, if necessary.
