The Constitution of India Part X: The Scheduled and Tribal Areas ( Article 244 to 244A)

X

Part X: The Scheduled and Tribal Areas

Contains special provisions for the administration and control of Scheduled Areas and Tribal Areas in India. These areas are home to a significant population of Scheduled Tribes, and the Constitution provides a distinct administrative framework to protect their interests, preserve their unique social and cultural identity, and promote their welfare.

Administration of Scheduled Areas & Tribal Areas

244

Administration of Scheduled Areas and Tribal Areas

This is the core article for Part X. It provides that the provisions of the Fifth Schedule shall apply to the administration and control of the Scheduled Areas and Scheduled Tribes in any State other than Assam, Meghalaya, Tripura, and Mizoram. For those four states, the provisions of the Sixth Schedule shall apply.

244A

Formation of an autonomous State comprising certain tribal areas in Assam and creation of local Legislature or Council of Ministers or both therefor

[Inserted by the 22nd Amendment Act, 1969] An extraordinary provision that empowers Parliament to form an autonomous state within the State of Assam comprising certain tribal areas. This autonomous state would have its own Legislature or Council of Ministers, or both. This article has never been invoked to create such a state.

📜 The Two Schedules: Fifth vs. Sixth

Article 244 refers to two distinct Schedules, each providing a different model of administration for tribal areas.

The Fifth Schedule

Application: Applies to Scheduled Areas in states other than Assam, Meghalaya, Tripura, and Mizoram.

• ✅ Governor's Report: The Governor must submit an annual report to the President on the administration of these areas.
• ✅ Tribes Advisory Council (TAC): To be established in states having Scheduled Areas to advise on matters of tribal welfare.
• ✅ Parliament's Power: Parliament can amend laws or make new laws specifically for these areas, even on the State List.

The Sixth Schedule

Application: Applies specifically to tribal areas in Assam, Meghalaya, Tripura, and Mizoram.

• ✅ Autonomous District Councils (ADCs): Creates self-governing regions with elected councils.
• ✅ Legislative Powers: ADCs can make laws on specified matters like land, forests, and village administration.
• ✅ Judicial Powers: ADCs can constitute village courts to try certain suits and cases.

In essence, the Fifth Schedule provides for administration with safeguards, while the Sixth Schedule grants a higher degree of autonomy and self-governance.