Administration of Scheduled and Tribal Areas [Part 10] | Indian Constitution Notes for UPSC State PSC

Overview of Part 10

Part 10 consists of two main articles:

• Article 244: This article deals with the administration of Scheduled Areas and Tribal Areas. It includes two schedules:
  • Fifth Schedule: Applies to the Scheduled Areas and Scheduled Tribes in states except Assam, Meghalaya, Tripura, and Mizoram.
  • Sixth Schedule: Pertains to the administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram.
• Article 244A: Introduced by the 22nd Amendment in 1969, this article allows for the creation of an autonomous state within Assam, comprising certain tribal areas. It provides for the establishment of a local legislature or council of ministers, or both, with specific powers and functions.

Article 244: Administration of Scheduled and Tribal Areas

• Fifth Schedule: This schedule lays out provisions for the administration and control of Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram. It mandates the establishment of a Tribal Advisory Council to advise on welfare and advancement measures for Scheduled Tribes.
• Sixth Schedule: Focuses on the administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram. It provides for the establishment of Autonomous District Councils and Regional Councils, which have legislative, judicial, and executive powers to govern their respective areas.

Article 244A: Formation of Autonomous States

• Clause (1): Empowers Parliament to create an autonomous state within Assam, comprising tribal areas specified in Part I of the Sixth Schedule. This autonomous state can have:
  • A legislature, which can be fully elected or a combination of elected and nominated members.
  • A council of ministers.
• Clause (2): Specifies that the law forming the autonomous state can:
  • Grant the autonomous state the power to legislate on certain matters from the State List or Concurrent List.
  • Define the executive powers of the autonomous state.
  • Allocate state taxes to the autonomous state.
  • Ensure that references to ‘State’ in the Constitution include the autonomous state.
  • Include any necessary supplemental, incidental, and consequential provisions.
• Clause (3): Stipulates that any amendment to this law requires a two-thirds majority in each House of Parliament.
• Clause (4): Clarifies that such laws are not considered amendments to the Constitution under Article 368.

Tribal Advisory Council

The Tribal Advisory Council (TAC) is a pivotal institution established under the Fifth Schedule of the Indian Constitution. It serves as an advisory body aimed at promoting the welfare and advancement of Scheduled Tribes.

Establishment and Composition of the Tribal Advisory Council

The Fifth Schedule mandates the establishment of a Tribal Advisory Council in each state that has Scheduled Areas. Additionally, the President can direct the establishment of a TAC in states without Scheduled Areas but with significant Scheduled Tribe populations.

• Composition:
  • not more than 20 members.
  • Approximately three-fourths must be representatives of Scheduled Tribes in the state’s Legislative Assembly.
  • Remaining seats filled by other tribal members if necessary.
• Functions:
  • Advises the state government on welfare and advancement of Scheduled Tribes.
  • Addresses issues related to land rights, education, healthcare, employment, and cultural preservation.

States with Tribal Advisory Council

• States with Scheduled Areas that have constituted TACs:
  • Andhra Pradesh,
  • Telangana,
  • Chhattisgarh,
  • Gujarat,
  • Himachal Pradesh,
  • Jharkhand,
  • Madhya Pradesh,
  • Maharashtra,
  • Odisha, and
  • Rajasthan.
• States without Scheduled Areas but with TACs:
  • West Bengal,
  • Tamil Nadu, and
  • Uttarakhand.

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