Difference between 5th and 6th schedule

Fifth Schedule or Schedule Areas

The basic thrust of the Fifth and Sixth Schedule of the constitution is the protection of cultural distinctiveness of Tribal. Both provides protection to the tribals on account of their economic disadvantages so that they could maintain their tribal identity without any coercion or exploitation.

THE INTERESTS OF SCHEDULE TRIBES OUTSIDE THE NORTH EAST IS PROTECTED BY FIFTH SCHEDULE.

THE FIFTH SCHEDULE designates Schedule areas , in large parts of India in which the interests of the Scheduled Tribes are to be protected. The Scheduled area has more than 50 percent tribal population.

THE FIFTH SCHEDULE (ARTICLE 244(1))

The Fifth Schedule being a very important provision of the constitution deals with the control and administration of the Schedule Areas. Some of the important features of the Schedule are:

  • It deals with provision for the constitution of a Tribes Advisory Council
  • The Governor has the power to adapt laws passed by Parliament and State legislature in such a way that it suits these areas.
  • It provides Governor with the power to make regulation for good governance and peace for the area.
  • The Fifth Schedule also deals with the extension of direction by the Union to a State for the administration of the Schedule Areas.

Under Fifth Schedule, the most important institution is the Tribes Advisory Council. In the Tribes Advisory Council, Scheduled Tribe MLA’s in the state consists of its three-fourth membership. Since Tribes Advisory Council is formed by the provisions of the Fifth Schedule it has the status of a constitutional body. The Schedule is aimed towards making the State responsible towards the promotion of educational and economic interests of Tribal. It also aims to provide social justice to the tribals and prevent them from exploitation of any kind. The Central Government also provides special financial assistance to the states under Article 275 for the implementation of schemes that would lead to the development of Schedule Tribes. (Upendra Bakshi 2009, 338-340)

POWERS OF GOVERNOR UNDER FIFTH SCHEDULE

The Powers of Governor are important in the application of the provision of Fifth Schedule. He enjoys the power to modify, annul or limit the application of any law made by Parliament or State legislature in the areas designated as Schedule Areas. For good governance of the area he has the power to make regulations. He regulates land allotments to members of Schedule Tribes. He is also authorized to regulate business like money lending in the Fifth Schedule area.

TRIBES ADVISORY COUNCIL | 5th AND 6th SCHEDULE OF THE CONSTITUTION

  • The Fifth Schedule provides the provision of a Tribes Advisory Council. It deals with the provision of establishment of Tribes Advisory Council consisting of not more than twenty members. Three-fourth of its representatives would consist of Schedule tribes members of the State Assembly. In case the number of such representatives are less than the number of seats which are to be filled than the remaining seats shall be filled by other members of the tribe. The Fifth Schedule also provides the establishment of Tribes Advisory Council in states which have Schedule Tribes population but do not have Schedule Areas if the President so directs for the formation of Tribes Advisory Council in those areas.
  • Tribes Advisory Council advise on matters related to the welfare and advancement of the Scheduled Tribes in the state which are referred to the council by the Governor.
  • The Governor has the power to make rules prescribing or regulating, the number of members of the Council, the mode of their appointment and the appointment of the Chairman of the Council etc.

LAWS APPLICABLE TO THE SCHEDULE AREAS

The Governor has the power to direct about non-application of any act which has been passed by Parliament or Legislature of the State to a Scheduled Area or any part thereof in the state or shall apply to a Scheduled Area or any part thereof in the State subject to such exceptions and modifications as he may specify in the notification and any direction given under this sub-paragraph may be given so as to have retrospective effect.

The Governor has the power to make regulation for peace and good governance of any area in a state which is a Scheduled Area. Those regulations include prohibiting or restricting the transfer of land by or within members of the Scheduled Tribes in Scheduled areas; regulating the allotment of land to members of the Scheduled Tribes in those areas; regulating the money lending business by those who lend money to people of the Scheduled Tribes in such area. In the process of making such regulation discussed above, the Governer may repeal or amend any Union or State law. The Governor can make such regulation only after consultation with the Tribes Advisory Council of the state. It is to be understood that all such regulation will have effect only after being submitted to and accepted by the President of India.

President Role

Schedule Areas are those areas which the President may direct to be Scheduled Areas with respect to the Fifth Schedule of our Constitution. The President has the power to direct that the whole or any part of a Scheduled area has ceased to be a Scheduled area. He can after consultation with the governor of that state increase the area of any Scheduled Area. In this way he possesses the power to alter the boundaries of any Schedule area. The regulations made by the Governor come into effect only when they are accepted by the President. Governor is required to submit annually the reports regarding administration of the Scheduled areas to the President.

  1. There are 10 states having scheduled areas:
    • Andhra Pradesh
    • Chhattisgarh
    • Gujarat
    • Himachal Pradesh
    • Jharkhand
    • Madhya Pradesh
    • Maharashtra
    • Odisha
    • Rajasthan and
    • Telangana
  2. Criteria for the declaration of the Scheduled Area:
    • Prominent numbers of tribal population, i.e. when tribal people are in majority in an area
    • Compactness and reasonable size of the area
    • A viable administrative entity such as a district, block or taluk, and
    • Economic backwardness of the area as compared to the neighbouring areas.

Sixth Schedule or Tribal Areas

  1. Sixth Schedule mentions the provisions related to the tribal areas of the four states – Assam, Meghalaya, Tripura and Mizoram
  2. Sizeable amount of autonomy has been given to the people belonging to the tribal areas of these four states to govern themselves
  3. The tribal areas in these four states come under the name of ‘Autonomous Districts,’ but the state still has its executive authority over them
  4. The power to organise and reorganise the tribal areas as autonomous districts lie with the governor of the state. He can also alter the name, boundary of such tribal areas.
  5. One autonomous district can have different tribes, which for better administration is divided into autonomous regions by the governor
  6. There is a district council for each autonomous district:
    • It has 30 members
      • Four are nominated by the governor – They perform their duties during the pleasure of the governor
      • 26 are elected using the adult franchise – Their term of office is five years.
  7. There is a separate regional council for each autonomous district
  8. The laws related to the following can be made by the regional and autonomous councils with the assent of the governor:
    • Land
    • Forests
    • Canal water
    • Shifting cultivation
    • Village administration
    • Inheritance of property
    • Marriage and divorce
    • Social customs
  9. The territorial jurisdictions of autonomous and regional councils may or may not have village councils and courts of trials of suits to mend issues rising between tribes. Such cases can also be taken over by the High Court but only after being specified by the governor.
  10. The central and state acts do not apply to these autonomous and regional councils (unless modified and accepted.)
  11. The tribal areas in the four states are given below:

Assam

  • North Cachar Hills District
  • The Karbi Anglong District
  • The Bodoland Territorial Areas District

Meghalaya

  • Khasi Hills District
  • Jaintia Hills District
  • The Garo Hills District

Tripura

  • Tripura Tribal Areas District

Mizoram

  • The Chakma District
  • The Mara District
  • The Lai District
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