The Scheduled Tribes live in
contiguous areas unlike other communities. It is, therefore, much simpler to
have an area approach for development activities as well as regulatory
provisions to protect their interests. To protect the interests of Scheduled Tribes
with regard to land and other social issues, various provisions have been
enshrined in the Fifth Schedule and the Sixth Schedule of the Constitution.
The Fifth Schedule of
the Indian Constitution is a significant provision that deals with the administration
and management of Scheduled Areas and Scheduled Tribes where
tribal communities are in the majority. Let’s explore its key features:
Coverage:
The Fifth Schedule applies to specific areas in ten states across
India, including Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh,
Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, and Telangana.
These areas are predominantly inhabited by tribal communities.
Objectives:
The primary aim of the Fifth Schedule is to hold the state
accountable for advancing the educational and economic well-being of
Scheduled Tribes.
It ensures that the administration in these regions is sensitive
to the unique needs and cultural identity of tribal populations.
Key Provisions:
Tribes Advisory Council:
In each state with Scheduled Areas, a Tribes Advisory Council is
established.
The council consists of representatives, with approximately
three-fourths being members of Scheduled Tribes from the Legislative
Assembly of the state.
The council’s duty is to advise on matters related to tribal
welfare and advancement.
The Governor may make rules regarding the council’s composition,
meetings, and other incidental matters.
Law Applicable to Scheduled Areas:
The Governor has the authority to issue public notifications
directing that specific Acts of Parliament or state legislatures do not
apply to Scheduled Areas or apply selectively to them.
This provision allows for tailored legal measures to address the unique
circumstances of tribal regions.