Ashna Sisodia is teaching live on Unacademy Plus
Course: Union Territories & Special Areas Lesson: Special Areas (Part X) Presented by : Ashna Sisodia
About Me: From Chandigarh, India . Done computer science engineering from UIET kurukshetra-2012 pass out . UPSC CSE mains qualified . Keen learner and loves to teach Interests: Loves reading and blogging Rate, Review and Recommend Follow me: https://unacademy.in/user/AshnaSisodia 60 . .
Scheduled and Tribal Areas Part X of the Constitution Article 244:Administration of Scheduled Areas and Tribal Areas. ' envisages a special system of administration for certain areas designated as 'scheduled areas' and tribal areas. The Fifth Schedule deals with the administration and control of scheduled areas and scheduled tribes in any other state except the four states of Assam, Meghalaya, Tripura and Mizoram. . The Sixth Schedule deals with the administration of the tribal areas in the four north-eastern states of Assam, Meghalaya, Tripura and Mizoram.
Administration of Scheduled Areas The scheduled areas are treated differently from the other areas . because they are inhabited by aboriginals' who are socially and economically rather backward, and special efforts need to be made to improve their condition Therefore, the whole of the normal administrative machinery operating in a state is not extended to the scheduled areas. . The Central government has somewhat greater responsibility for these areas
Administration of Scheduled Areas Features of administration contained in the Fifth Schedule are as follows: 1. Declaration of Scheduled Areas: The president is empowered to declare an area to be a scheduled area. . He can also increase or decrease its area, alter its boundary lines, rescind such designation or make fresh orders for such redesignation on an area in consultation with the governor of the state concerned 2. Executive Power of State and Centre: The executive power of a state extends to the scheduled areas therein. But the governor has a special responsibility regarding such areas. He has to submit a report to the president regarding the administration of such areas, annually or whenever so required by the president. . The executive power of the Centre extends to giving directions to the states regarding the administration of such areas.
Administration of Scheduled Areas . 3. Tribes Advisory Council: Each state having scheduled areas has to advise on welfare and advancement of the scheduled tribes. to establish a tribes advisory council It is to consist of 20 members, three-fourths of whom are to be the representatives of the scheduled tribes in the state legislative assembly. . A similar council can also be established in a state having scheduled tribes but not scheduled areas therein, if the president so directs.
Administration of Scheduled Areas 4. Law applicable to Scheduled Areas: The governor is empowered to direct that any particular act of Parliament or the state legislature does not apply to a scheduled area or apply with specified modifications and exceptions. He can also make regulations for the peace and good government of a scheduled area after consulting the tribes advisory council . Such regulations may prohibit or restrict the transfer of land by or among members of the scheduled tribes, regulate the allotment of land to members of the scheduled tribes and regulate the business of money-lending in relation to the scheduled tribes. . Also, a regulation may repeal or amend any act of Parliament or the state legislature, which is applicable to a scheduled area. But, all such regulations require the assent of the president.
Administration of Scheduled Areas . The Constitution requires the president to appoint a commission to report on the administration of the scheduled areas and the welfare of the scheduled tribes in the states. . He can appoint such a commission at any time but compulsorily after ten years of the commencement of the Constitution. . Hence, a commission was appointed in 1960. . It was headed by U N Dhebar and submitted its report in 1961. After four decades, the second commission was appointed in 2002 under the chairmanship of Dilip Singh Bhuria.
Administration of Tribal Areas . Sixth Schedule, contains special provisions in the four north-eastern . The tribes in Assam, Meghalaya, Tripura and Mizoram have not Sixth Schedule, contains special provisions in the four north-eastern states of Assam, Meghalaya, Tripura and Mizoram. assimilated much the life and ways of the other people in these states. . The tribal people in other parts of India have more or less adopted the . The tribes in Assam, Meghalaya, Tripura and Mizoram, still have their . These areas are, therefore, treated differently by the Constitution and These areas have hitherto been anthropological specimens. culture of the majority of the people in whose midst they live. roots in their own culture, customs and civilization. sizeable amount of autonomy has been given to these people for self- government
Administration of Tribal Areas Features of administration contained in the Sixth Schedule are as follows: 1. The tribal areas in the four states of Assam, Meghalaya, Tripura and Mizoram have been constituted as autonomous districts. But, they do not fall outside the executive authority of the state concerned. . . . 2. The governor is empowered to organise and re-organise the autonomous districts. Thus, he can increase or decrease their areas or change their names or define their boundaries and so on. ous districts. Thus, he can inc . 3. If there are different tribes in an autonomous district, the governor can divide the district into several autonomous regions.