Article 244 of the Indian Constitution is part of a section called Part X, which focuses on special administrative systems for certain regions in India. These regions are known as "scheduled areas" and "tribal areas." The Constitution recognizes that these areas and the people living in them have unique needs and challenges, which require a different approach to governance.
The Fifth Schedule of the Constitution specifically outlines how to manage and administer scheduled areas and the rights of scheduled tribes. This schedule applies to all states in India, except for four northeastern states: Assam, Meghalaya, Tripura, and Mizoram. The scheduled areas mainly include regions that are inhabited by indigenous communities and often have particular socio-economic issues. The government is required to ensure that the cultural identity and traditional rights of these tribal communities are protected while promoting their socio-economic development.
In contrast, the Sixth Schedule deals specifically with the tribal areas within the four northeastern states mentioned earlier. It provides for a greater degree of autonomy and self-governance for the tribal communities in these regions. These areas have their own councils called Autonomous District Councils, which have the power to create laws and manage resources according to the customs and needs of the local population.
The significance of these articles lies in their aim to empower tribal communities, ensuring that they have a say in how they are governed. They also focus on protecting the land and resources that belong to these communities, preventing exploitation and promoting their welfare.
For instance, Article 244(1) emphasizes the need for the establishment of a framework to safeguard the interests of these tribals. Cumulatively, the provisions detailed in the Fifth and Sixth Schedule demonstrate India's commitment to preserving the rights and identity of its tribal populations while facilitating their integration into the larger national framework.
Additionally, various laws, such as the Panchayats (Extension to Scheduled Areas) Act, 1996, extend the provisions of the Panchayati Raj system to scheduled areas, allowing for local self-governance. This Act is essential in providing tribes with a voice in local governance, ensuring their participation in decision-making processes that affect their lives.
In summary, Articles 244, 244(1), and the accompanying Fifth and Sixth Schedules of the Indian Constitution highlight the importance of tailored governance for scheduled and tribal areas. They symbolize the recognition of India's diverse society and the need to respect and enhance the rights of its tribal communities through self-governance and resource management tailored to their unique needs. By doing so, the Constitution aims to create a more equitable society that values all its constituents.
Scheduled Areas in India
Scheduled Areas in India are special regions that are treated differently from other parts of the country because they are home to certain tribal communities. These groups are often socially and economically disadvantaged, necessitating special efforts to enhance their living conditions. Because of this unique status, the usual government administration does not operate in the same way in scheduled areas. Instead, the Central Government holds greater responsibility for these regions.
Declaration of Scheduled Areas
The President of India has the authority to declare an area as a Scheduled Area. This includes the power to change the size of these areas, adjust their boundaries, or even revoke their status as scheduled areas. However, the President must do this in consultation with the governor of the state where these areas are located.
There are specific criteria for declaring an area as a Scheduled Area, although these criteria are not written in the Constitution. They have been shaped by traditional practices. The criteria include:
- A significant population of tribal people residing in the area.
- A reasonable compactness and size of the area.
- The area must be a manageable administrative unit, such as a District, Block, or Taluk.
- The area should be economically backward compared to neighboring regions.
Executive Power of the State and Central Government
The laws and powers of the state government apply to Scheduled Areas. However, the governor of the state has additional responsibilities for governance in these regions. The governor must provide annual reports to the President about how these areas are managed and can be called upon for reports whenever necessary.
On the other hand, the Central Government can issue directions to the state gov-ernments about how to administer these areas. This demonstrates a shared responsibility between state and central authorities.
Tribes Advisory Council
Each state that has Scheduled Areas is required to form a Tribes Advisory Council. This council advises the government on the welfare and development of the Scheduled Tribes. It consists of 20 members, with at least 75% of them being representatives from Scheduled Tribes in the state's legislative assembly.
If a state has Scheduled Tribes but no Scheduled Areas, the President can direct that a similar council be established.
Laws Applicable to Scheduled Areas
The governor has the power to direct that certain laws passed by the Parliament or state legislature do not apply to Scheduled Areas, or to modify them for that region. The governor can also make regulations to ensure peace and good governance in the Scheduled Areas, but must consult the Tribes Advisory Council before doing so. These regulations can address various issues, including:
- Restrictions on the buying and selling of land within the tribal community.
- Regulations surrounding the allotment of land to tribal members.
- Controls on money-lending activities that affect tribal people.
Any regulations made by the governor require the approval of the President.
Commissions for Scheduled Areas
The Constitution mandates the President to appoint a commission to evaluate the administration of Scheduled Areas and assess the welfare of Scheduled Tribes. This commission can be appointed at any time but is required to be set up every ten years after the Constitution came into effect.
The first commission was appointed in 1960, led by U.N. Dhebar, and it presented its findings in 1961. After four decades, a second commission was established in 2002, under the leadership of Dilip Singh Bhuria. This second commission submitted its report in 2004.
In summary, Scheduled Areas in India are designated regions where tribal communities live, often facing unique social and economic challenges. The governance of these areas involves special provisions and regulations to protect and promote the welfare of the tribes, making the administration of these regions significantly different from other parts of the country.
Relevant Constitutional Articles
The concepts of Scheduled Areas and their administration are primarily dealt with in Article 244 and Article 244A of the Indian Constitution, which outline the provisions for the administration of Scheduled Areas and Scheduled Tribes, ensuring their protection and development in the socio-economic landscape of India.
Administration of Tribal Areas in India
The Constitution of India has special rules for managing tribal areas, especially in the four northeastern states: Assam, Meghalaya, Tripura, and Mizoram. These rules are laid out in the Sixth Schedule of the Constitution. The reason these particular states are given special treatment is that the tribal communities living here have retained their unique cultures, customs, and lifestyles. Unlike tribes in other parts of India who have blended more with the dominant culture, the tribes in these northeastern states maintain their distinct identities.
Currently, there are ten designated tribal areas spread across Assam, Meghalaya, Tripura, and Mizoram. These areas are unique and are called autonomous districts. While these districts have independence in various matters, they are not completely outside the control of the respective state governments. The Constitution gives the governor of each state the authority to organize these autonomous districts, meaning the governor can adjust their sizes, names, and boundaries.
If an autonomous district is home to multiple tribes, the governor can further divide it into separate autonomous regions. Each of these autonomous districts has a district council, which includes 30 members. Of these members, four are chosen by the governor, while the remaining 26 are elected by the residents through voting, following the principle of adult franchise. The elected members serve a term of five years, unless the council is dissolved earlier. On the other hand, the nominated members serve at the governor's discretion, meaning they can be removed at any time.
In addition to the district councils, each autonomous region can have its own regional council. These councils are responsible for managing local affairs and have the power to make laws on various specified issues. These issues include land management, forest conservation, canal water usage, types of farming like shifting cultivation, local village administration, inheritance of property, marriage, divorce, and social customs. However, it is crucial to note that any laws passed by the district and regional councils need the governor's approval to be valid.
These councils are also authorized to set up village councils or courts that handle minor disputes within the tribes. They hear appeals and manage cases according to their jurisdictions, although the high court's jurisdiction over these cases is defined by the governor.
The district council has further responsibilities, such as setting up and managing essential services like primary schools, health clinics (dispensaries), markets, ferries, and roads. They also have the power to create regulations that oversee money lending and commercial activities involving non-tribals in their areas, with the requirement of the governor’s assent for such regulations.
Moreover, these councils can assess and collect land revenue and impose certain taxes to fund local projects and services. Important to note is that acts from the Indian Parliament or state legislatures do not automatically apply to these autonomous districts. Instead, they either don’t apply at all or are applicable only with particular modifications or exceptions.
Lastly, the governor has the authority to set up a commission tasked with examining and reporting on matters related to the administration of these autonomous districts or regions. The governor can also dissolve a district or regional council based on the commission's recommendations.
In summary, the administration of tribal areas in the northeastern states of India is characterized by a blend of autonomy and oversight, aimed at maintaining the cultural identity of the tribes while providing governance tailored to their specific needs. This framework is encapsulated primarily in Article 244 and the Sixth Schedule of the Constitution, which carefully balances the complexities of tribal governance with state authority, enabling better self-management for tribal communities.