5th And 6th Schedule of The Constitution

Since 26th January 1950, our country has taken into account the constitution of India for the purpose of demarcating the duties of respective authorities and the ways they should function in a country.

The Constitution of India circumscribes the structure, code, procedure, fundamental rights, the duties of the citizens of the country and the government institutions as to how they should function and leads the country filled with diversity in a way that they can live with harmony.

For a country as diverse as India where the numbers of cultures, religions, languages, traditions and practices are infinitesimal, the creation of a written word was a crucial requirement for its proper functioning.

Scheduled Areas 

The term scheduled areas in the context of our constitution demarcates the area where the tribal population is concentrated. The central government takes a direct interest in the protection of these scheduled areas as it is important to preserve the cultures and ethnicity of the tribal populace.

The central government also takes a direct interest in safeguarding the economic interests of the tribal population in scheduled areas. The 5th Schedule and the 6th Schedule determine the authority as to what regions come under the categorization of scheduled areas.

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5th schedule VS 6th Schedule

The basic debate within the 5th and the 6th Schedule is that the 5th Schedule guards the tribal population’s interests in all the scheduled areas excluding Assam, Meghalaya, Tripura and Mizoram.

The 6th Schedule, however, covers the scheduled areas excluded in the 5th Schedule. This means the 6th Schedule safeguards the interests of the tribal population in the scheduled areas of Assam, Mizoram, Tripura and Meghalaya.

In the scheduled areas which come under the 5th Schedule, it is the governor of the state that has special powers and responsibilities when it comes to the protection of the tribal population. Responsibilities include issuing orders for the state government restricting the effect of acts of the legislature. 

While the 6th Schedule covers the areas which depend on self-governance. The tribal communities themselves have been given significant control over their conditions also including the autonomy to make laws and receive funds from the central government with respect to the social and infrastructural developments. Unlike the 5th Schedule, the local government and the governor have limited control, power and hence responsibilities.

The main difference which distinguishes the 5th and 6th schedules is the autonomy reliance. In the case of areas under the 5th schedule, the autonomy of making a decision for good relies upon the local government or the governor. However, in the case of the 6th Schedule covering areas excluded in the 5th Schedule, the autonomy relies upon the local government and the governor, therefore, following the principle of self-reliance.

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Role of the President of India

 The President of the country by the order is authoritative to decide which parts of the nation can come under scheduled areas. Article 244 (1) of the constitution gives the president of the country the power to do so.

The president is entitled to decide the following based on the criteria for declaring an area as a scheduled area. The criteria for the same include the following:

• Nature of the Area; underdeveloped or significantly developed
• Pre-existence of tribal population
• A substantial disparity among the general population within the area.
• A reasonable area size with respect to its compactness

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Conclusion

The Constitution of India circumscribes the structure, code, procedure, fundamental rights, the duties of the citizens of the country and the government institutions as to how they should function and leads the country filled with diversity in a way that they can live with harmony.

The Constitution mentions various articles and schedules as to how the country should function. Under these schedules come the 5th and the 6th schedule. The controversy between them is explained below:

The main difference which distinguishes the 5th and 6th schedules is the autonomy reliance. In the case of areas under the 5th schedule, the autonomy of making a decision for good relies upon the local government or the governor. However, in the case of the 6th Schedule covering areas excluded in the 5th Schedule, the autonomy relies upon the local government and the governor, therefore, following the principle of self-reliance