Fifth Schedule of the Constitution [244(1)]

Table of Contents

Fifth Schedule of the Indian Constitution

Introduction: Fifth Schedule of the Constitution

The Fifth Schedule of the constitution is found under Article 244(1) of the Indian Constitution. It provides detailed guidelines for the administration of Scheduled Areas and the protection of Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram. This distinction is necessary because the Sixth Schedule governs the tribal areas in these northeastern states.

Administration of Scheduled and Tribal Areas

Key Provisions of the Fifth Schedule of the Constitution

Part A: General Provisions

Interpretation: The term “State” as used in this schedule excludes Assam, Meghalaya, Tripura, and Mizoram. This ensures clarity in the application of the schedule’s provisions to the appropriate states.
Executive Power of a State in Scheduled Areas: The executive power of a state extends to the Scheduled Areas within it, subject to the provisions of this schedule. This ensures that the state’s administrative machinery can operate within these areas while respecting the unique needs of Scheduled Tribes.
Report by the Governor to the President: The Governor of each state with Scheduled Areas must annually, or as required, report to the President on the administration of these areas. This provision allows for federal oversight and ensures that the President can issue directions to states regarding the administration of Scheduled Areas.

Part B: Administration and Control of Scheduled Areas and Scheduled Tribes

Tribes Advisory Council:
- Establishment: Each state with Scheduled Areas must establish a Tribes Advisory Council (TAC). The President may also direct the establishment of a TAC in states without Scheduled Areas but with Scheduled Tribes.
- Composition: The TAC consists of up to 20 members, three-fourths of whom must be representatives of the Scheduled Tribes in the state legislative assembly. If there are insufficient tribal representatives in the assembly, the remaining seats are filled by other members of the tribes.
- Function: The TAC advises on matters pertaining to the welfare and advancement of Scheduled Tribes as referred to it by the Governor.
- Regulation: The Governor may make rules regarding the number of members, their appointment, the conduct of meetings, and other procedural matters.
Law Applicable to Scheduled Areas:
- Governor’s Authority: The Governor can direct that any Act of Parliament or the state legislature does not apply to a Scheduled Area, or applies with modifications. This direction can be retrospective.
- Regulation-Making Power: The Governor can make regulations for the peace and good governance of Scheduled Areas. These regulations can include prohibiting or restricting land transfers among Scheduled Tribes, regulating land allotment, and controlling money-lending practices.
- Presidential Assent: All regulations made by the Governor must be submitted to the President for approval and take effect only upon receiving this assent.
- Consultation with TAC: The Governor must consult the TAC before making any regulations.

Part C: Scheduled Areas

Definition and Alteration of Scheduled Areas:
- Declaration by President: The President can declare areas as Scheduled Areas.
- Modification: The President can increase, decrease, or alter the boundaries of Scheduled Areas after consulting the respective state Governors. This includes rectifying boundaries and integrating new territories into Scheduled Areas upon state reorganization or admission into the Union.

Part D: Amendment of the Schedule

Amendment Procedure:
- Parliamentary Power: Parliament can amend the Fifth Schedule by adding, varying, or repealing provisions. Such amendments do not count as amendments to the Constitution under Article 368, which deals with constitutional amendments.

Fifth Schedule States

The Fifth Schedule of the Constitution deals with the administration and control of Scheduled Areas and Scheduled Tribes in certain states. The Scheduled Areas are regions in India with a significant tribal population that require special governance.

The states with areas mentioned in the Fifth Schedule are:

Andhra Pradesh
Chhattisgarh
Gujarat
Himachal Pradesh
Jharkhand
Madhya Pradesh
Maharashtra
Odisha
Rajasthan
Telangana

These areas are designated as Scheduled Areas because of their large tribal populations, and they are governed under special provisions to protect the rights and interests of the indigenous tribal communities.

Fifth Schedule vs Sixth Schedule

Feature	Fifth Schedule	Sixth Schedule
Applicable Areas	The Fifth Schedule applies to the Scheduled Areas in states mentioned below: Andhra Pradesh, Chhattisgarh, Gujarat, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, and Telangana. These are areas with a significant tribal population.	The Sixth Schedule specifically applies to certain tribal areas in the northeastern states of Assam, Meghalaya, Tripura, and Mizoram. These regions have a unique cultural identity and require special administrative arrangements to preserve their traditions.
Main Focus	The main focus of the Fifth Schedule is on the protection of tribal lands and rights while ensuring their socio-economic development. The state government, with the help of the Governor, plays a crucial role in managing these areas.	The Sixth Schedule focuses on granting greater autonomy and self-governance to tribal communities in the northeastern states. This autonomy is provided through the establishment of Autonomous District and Regional Councils, which have the power to make laws and manage their own affairs.
Governance Structure	Under the Fifth Schedule, the administration of these areas is handled by the state government, but with special powers granted to the Governor. The Governor can make regulations to protect tribal interests, such as restricting land transfers or regulating money lending.	The Sixth Schedule provides for a more decentralized governance structure. Autonomous District and Regional Councils are established, which have the authority to legislate on a variety of issues, including land, water, forests, and agriculture. These councils are elected bodies and have significant control over the administration of their regions.
Tribal Advisory Council (TAC)	In states with Fifth Schedule areas, a Tribal Advisory Council (TAC) is mandatory. The TAC advises the state government on matters related to the welfare and advancement of the Scheduled Tribes. The council is composed of tribal representative.	There is no equivalent of the Tribal Advisory Council in the Sixth Schedule areas. Instead, the Autonomous District and Regional Councils directly manage the welfare and governance of the tribal communities.
Autonomous Councils	The Fifth Schedule does not establish any Autonomous Councils. The governance of Scheduled Areas is more directly controlled by the state government, with the Governor having special powers.	The Sixth Schedule establishes Autonomous District and Regional Councils, which are powerful bodies with legislative, executive, and judicial powers. These councils can make laws on various subjects, manage resources, and even run their own courts.
Judicial Powers	Under the Fifth Schedule, the Governor has the authority to make regulations for the governance of the Scheduled Areas, but there is no specific judicial structure for these areas. Disputes are generally handled through the state’s regular judicial system.	The Autonomous Councils in Sixth Schedule areas have the power to establish village courts (such as courts of traditional tribal chiefs) to adjudicate disputes according to tribal customs and traditions.
Examples of States	Examples of states where the Fifth Schedule applies include Andhra Pradesh, Chhattisgarh, Gujarat, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, and Rajasthan. These states have areas designated as Scheduled Areas where the provisions of the Fifth Schedule are implemented to protect tribal interests.	The Sixth Schedule applies to the northeastern states of Assam, Meghalaya, Tripura, and Mizoram. In these states, the tribal communities have been granted significant autonomy through the establishment of Autonomous District and Regional Councils, which have wide-ranging powers to govern themselves.

This table provides a more detailed comparison, making it easier to understand the distinct roles and functions of the Fifth and Sixth Schedules in the Indian Constitution.