Administration of Scheduled and Tribal Areas
Article 244 in Part X of the Indian Constitution establishes a distinctive administrative framework for regions classified as "scheduled areas" and "tribal areas," tailored to safeguard the interests of tribal communities. This provision recognizes the unique socio-cultural needs of these regions, granting them special governance mechanisms distinct from the rest of the country.
The Fifth Schedule addresses the administration and control of scheduled areas and scheduled tribes across all states except Assam, Meghalaya, Tripura, and Mizoram. It empowers the Governor to regulate land transfers, money-lending, and tribal welfare, while allowing for the creation of Tribes Advisory Councils to advise on matters affecting these communities.
In contrast, the Sixth Schedule governs the tribal areas specifically in the four northeastern states of Assam, Meghalaya, Tripura, and Mizoram. It introduces autonomous district councils with legislative, executive, and judicial powers, enabling greater local self-governance and protection of tribal customs and resources.
Administration of Scheduled Areas
Scheduled areas in India receive distinct administrative treatment due to their predominantly tribal populations, who often lag behind socially and economically. As noted in constitutional deliberations, these regions—home to "aboriginals"—demand targeted interventions for upliftment. Consequently, the standard state administrative framework does not fully extend here, placing greater responsibility on the Central government to safeguard their interests. This special regime is enshrined in the Fifth Schedule of the Constitution, which outlines key administrative features tailored to these areas.
The President holds the authority to declare any region a scheduled area, after consulting the concerned state's Governor. This power extends to enlarging or diminishing its boundaries, altering its limits, revoking the designation, or issuing fresh orders for redesignation. Such flexibility ensures that scheduled areas can adapt to evolving demographic and administrative needs.
While a state's executive authority applies to scheduled areas within its territory, the Governor bears special responsibilities. He must submit annual reports—or whenever requested—on their administration to the President. The Centre, in turn, can issue binding directions to states on how these areas are governed, reinforcing national oversight.
To promote tribal welfare, every state with scheduled areas must constitute a Tribes Advisory Council. Comprising up to 20 members, with at least three-fourths drawn from scheduled tribe representatives in the state legislature, the council advises on matters of advancement and well-being. The President may also direct the formation of a similar council in states lacking scheduled areas but hosting significant scheduled tribe populations.
The Governor wields significant legislative discretion over laws in scheduled areas. He can prohibit the application of any parliamentary or state act, or adapt it with exceptions and modifications. After consulting the Tribes Advisory Council, the Governor may even promulgate regulations for "peace and good government." These can restrict land transfers among scheduled tribes, regulate land allotments to them, and control money-lending practices affecting them. Notably, such regulations can repeal or amend applicable central or state laws, but they require the President's assent to take effect.
The Constitution mandates periodic scrutiny of scheduled areas' administration and scheduled tribes' welfare. The President must appoint a commission for this purpose no later than ten years after the Constitution's commencement—and may do so earlier if needed. The first such body, chaired by U.N. Dhebar, was formed in 1960 and submitted its report in 1961. Over four decades later, a second commission under Dilip Singh Bhuria was established in 2002, delivering its findings in 2004. These reviews underscore the ongoing commitment to tribal progress.
Administration of Tribal Areas under the **Sixth Schedule
The Sixth Schedule of the Indian Constitution provides a unique framework for administering tribal areas in the northeastern states of Assam, Meghalaya, Tripura, and Mizoram. This special arrangement recognizes the distinct cultural identity of these communities, which have preserved their traditions amid limited assimilation with surrounding populations. As observed during the Constituent Assembly debates, tribes in these states remain deeply rooted in their own customs, unlike those elsewhere in India who have largely adopted mainstream practices. Consequently, the Constitution grants them substantial autonomy for self-governance while keeping them under state oversight.
Tribal areas in these four states are designated as autonomous districts, though they remain within the executive authority of the respective state governments. The Governor holds key powers to organize these districts—creating, altering boundaries, renaming, or even dividing them into smaller autonomous regions if multiple tribes coexist within one district. This flexibility ensures administrative alignment with ethnic diversity.
At the heart of this system are elected bodies: each autonomous district has a District Council comprising 30 members—26 elected by adult suffrage for a five-year term (unless dissolved earlier) and four nominated by the Governor, who serve at his pleasure. Similarly, autonomous regions feature their own Regional Councils. These councils exercise significant legislative authority over local matters such as land use, forests, canal water, shifting cultivation (jhum), village administration, inheritance, marriage, divorce, and social customs. However, all such laws require the Governor's assent to take effect.
The councils also handle judicial functions, establishing village councils or courts to resolve disputes among tribal members, with provisions for appeals. The Governor defines the High Court's jurisdiction over these cases. On the executive front, District Councils can build and manage essential infrastructure like primary schools, dispensaries, markets, ferries, fisheries, and roads. They may also regulate money-lending and trade by non-tribals, again subject to the Governor's approval. Financially, the councils assess and collect land revenue alongside specific taxes, bolstering local self-reliance.
A critical safeguard is the limited application of external laws: Acts of Parliament or state legislatures do not automatically extend to these autonomous areas unless specified, or they apply with modifications and exceptions tailored by the Governor. For oversight, the Governor can appoint a commission to review administration and, on its recommendations, dissolve a District or Regional Council if needed. This balanced structure empowers tribal self-rule while integrating it into the broader constitutional fold.
Evolution of Tribal Area Administration: Key Amendments to the Fifth and Sixth Schedules
The administration of tribal areas in India has evolved through targeted legislative changes, particularly under the Fifth Schedule and Sixth Schedule of the Constitution. These provisions empower greater autonomy for Scheduled Areas and tribal districts, especially in the Northeast. A series of Acts and amendments refined their scope, renaming districts, expanding powers, and addressing regional aspirations.
In 1954, the Lushai Hills District (Change of Name) Act renamed the Lushai Hills District— one of the six autonomous districts in Assam's tribal areas listed under the Sixth Schedule—as the Mizo District, reflecting the region's cultural identity.
The momentum continued with the Government of Union Territories (Amendment) Act, 1971, which amended the Sixth Schedule to incorporate specific provisions for the autonomous districts and regions within the Union Territory of Mizoram. This laid the groundwork for tailored governance in the area.
Subsequent housekeeping came via the Repealing and Amending Act, 1974, which repealed outdated enactments, amended others, and made a minor but precise correction in the Sixth Schedule by substituting "cattle pounds" for "cattle ponds."
Shifting focus to the Fifth Schedule, the Fifth Schedule to the Constitution (Amendment) Act, 1976 enhanced presidential authority. It enabled the President, after consulting the relevant state governor, to expand the area of any Scheduled Area or rescind prior designations. Alternatively, the President could issue fresh orders redefining such areas, providing flexibility in tribal administration.
Amendments to the Sixth Schedule gained further specificity in the 1988 Act, which introduced modifications for its application in Tripura and Mizoram. Key changes included granting governors discretionary powers in certain functions, regulating the extension of parliamentary and state laws to autonomous districts and regions, and imposing time limits for District Councils to receive their share of royalties.
For Assam, the Sixth Schedule to the Constitution (Amendment) Act, 1995 brought targeted updates. It renamed the District Council of the North Cachar Hills District as the North Cachar Hills Autonomous Council and that of the Karbi-Anglong District as the Karbi-Anglong Autonomous Council. The Act also conferred additional legislative powers on these councils and mandated the governor to consult them when exercising discretionary authority.
The most significant recent reform addressed Bodo aspirations through the Sixth Schedule to the Constitution (Amendment) Act, 2003. Enacted following the Memorandum of Settlement signed on February 10, 2003, between the Central Government, the Assam Government, and the Bodo Liberation Tigers (BLT), it added the Bodoland Territorial Areas District to Assam's list of tribal areas. The amendment established the Bodoland Territorial Council (BTC) as an autonomous self-governing body, vesting it with legislative, administrative, and financial powers over specified subjects. Crucially, it included safeguards to protect non-tribal interests within the BTC area, fostering a durable resolution to longstanding ethnic tensions.