- (a) Write in detail various provisions provided by the Constitution of India for the scheduled tribes under Vth and VIth Schedules.
The Constitution of India provides special provisions for the administration and control of Scheduled Areas and Scheduled Tribes through the Fifth and Sixth Schedules, recognizing their unique socio-cultural identity and vulnerability. These schedules aim to protect tribal rights, promote their development, and preserve their distinct way of life.
Fifth Schedule:
The Fifth Schedule deals with the administration and control of Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram. Currently, it applies to 10 states: Andhra Pradesh, Telangana, Odisha, Jharkhand, Chhattisgarh, Madhya Pradesh, Gujarat, Maharashtra, Rajasthan, and Himachal Pradesh.
Key provisions include:
- Declaration of Scheduled Areas: The President of India is empowered to declare any area as a 'Scheduled Area' based on criteria such as tribal population dominance, compactness and reasonable size of the area, and its economic backwardness.
- Tribes Advisory Council (TAC): Each state having Scheduled Areas must establish a Tribes Advisory Council. This council, consisting of not more than 20 members (three-fourths of whom are tribal representatives from the State Legislative Assembly), advises the Governor on matters pertaining to the welfare and advancement of Scheduled Tribes in the state.
- Governor's Role: The Governor of a state with Scheduled Areas has special responsibilities. They can direct that any Act of Parliament or the State Legislature shall not apply to a Scheduled Area or shall apply with specified modifications and exceptions. They can also make regulations for the peace and good government of Scheduled Areas, particularly concerning:
- Prohibiting or restricting the transfer of land by or among members of Scheduled Tribes.
- Regulating the allotment of land to members of Scheduled Tribes.
- Regulating the carrying on of business as money-lenders by persons who lend money to members of Scheduled Tribes. These regulations require the assent of the President.
- Annual Report: The Governor is required to submit an annual report to the President regarding the administration of Scheduled Areas in the state.
- Parliamentary Power: Parliament can amend any provision of the Fifth Schedule through a simple majority, not requiring a constitutional amendment under Article 368.
Sixth Schedule:
The Sixth Schedule provides for the administration of tribal areas in the four northeastern states of Assam, Meghalaya, Tripura, and Mizoram. These areas are administered as Autonomous Districts and Autonomous Regions, granting them significant legislative, executive, and judicial powers.
Key provisions include:
- Autonomous Districts and Regions: The Governor is empowered to create and reorganize Autonomous Districts and Autonomous Regions. Each autonomous district has an Autonomous District Council (ADC), and some autonomous districts are further divided into autonomous regions, each with a Regional Council.
- Composition of ADCs: Each ADC consists of not more than 30 members, of whom not more than four are nominated by the Governor and the rest are elected on the basis of adult suffrage. They hold office for a term of five years.
- Powers of ADCs and Regional Councils: These councils have extensive powers over:
- Legislative Powers: They can make laws on subjects like land (other than reserved forests), forest management, canal or watercourses, shifting cultivation, village administration, inheritance of property, marriage and divorce, social customs, and appointment of chiefs or headmen.
- Judicial Powers: They can constitute village councils or courts for the trial of suits and cases between parties all of whom belong to Scheduled Tribes within their jurisdiction. They also hear appeals from such courts.
- Executive Powers: They can establish, construct, or manage primary schools, dispensaries, markets, ferries, roads, and regulate money lending and trading by non-tribals.
- Financial Powers: They can assess and collect land revenue and impose certain taxes (e.g., on professions, trades, animals, vehicles, entry of goods into markets).
- Application of Central/State Laws: Acts of Parliament or the State Legislature do not apply to autonomous districts and regions unless the ADC directs their application, with or without modifications.
- Commission of Inquiry: The Governor can appoint a commission to examine and report on any matter relating to the administration of autonomous districts and regions.
In essence, while the Fifth Schedule provides for a protective framework with the Governor playing a crucial role, the Sixth Schedule grants a higher degree of autonomy and self-governance to tribal communities in the specified northeastern states, recognizing their distinct political and administrative traditions.