What does Article 244 of the Indian constitution contains?

Article 244 in Part X of the Constitution envisages a special system of administration for certain areas designated as ‘scheduled areas’ and ‘tribal areas’.

What does the Fifth Schedule of the Indian Constitution deals with?

The Fifth Schedule of the Constitution deals with the administration and control of scheduled areas and scheduled tribes in any state except the four states of Assam, Meghalaya, Tripura and Mizoram.

What does the expression Scheduled Areas means?

As per the Indian Constitution (Part C of the Fifth Schedule), the expression Scheduled Areas means such areas as the President may by order declare to be Scheduled Areas.

The largest administrative unit forming the scheduled areas has been the district and the lowest the cluster of villages in the block.

Why the scheduled areas are treated differently from the other areas in the country?

The scheduled areas are treated differently from the other areas in the country because they are inhabited by ‘aboriginals’ who are socially and economically rather backward, and special efforts need to be made to improve their condition. Therefore, the whole of the normal administrative machinery operating in a state is not extended to the scheduled areas and the Central government has somewhat greater responsibility for these areas.

Who declares an area as a scheduled area?

The president is empowered to declare an area to be a scheduled area. He can also increase or decrease its area, alter its boundary lines, rescind such designation or make fresh orders for such redesignation on an area in consultation with the governor of the state concerned.

What are the powers and responsibiities of State and Centre with respect to scheduled areas?

The executive power of a state extends to the scheduled areas therein. But the governor has a special responsibility regarding such areas. He has to submit a report to the president regarding the administration of such areas, annually or whenever so required by the president.

The executive power of the Centre extends to giving directions to the states regarding the administration of such areas.

What is tribes advisory council?

Each state having scheduled areas has to establish a tribes advisory council to advise on welfare and advancement of the scheduled tribes.

It is to consist of 20 members, three-fourths of whom are to be the representatives of the scheduled tribes in the state legislative assembly.

A similar council can also be established in a state having scheduled tribes but not scheduled areas therein, if the president so directs.

What are the powers of Governor with respect to laws and regulations in Scheduled Areas?

The governor is empowered to direct that any particular act of Parliament or the state legislature does not apply to a scheduled area or apply with specified modifications and exceptions. He can also make regulations for the peace and good government of a scheduled area after consulting the tribes advisory council.

Such regulations may prohibit or restrict the transfer of land by or among members of the scheduled tribes, regulate the allotment of land to members of the scheduled tribes and regulate the business of money-lending in relation to the scheduled tribes.

Also, a regulation may repeal or amend any act of Parliament or the state legislature, which is applicable to a scheduled area. But, all such regulations require the assent of the president.

Who appoints the commission to report on the administration of scheduled areas?

The Constitution requires the president to appoint a commission to report on the administration of the scheduled areas and the welfare of the scheduled tribes in the states. He can appoint such a commission at any time but compulsorily after ten years of the commencement of the Constitution. Hence, a commission was appointed in 1960. It was headed by U.N. Dhebar and submitted its report in 1961.

After four decades, the second commission was appointed in 2002 under the chairmanship of Dilip Singh Bhuria. It submitted its report in 2004.

PRACTICE QUESTIONS

QUES . With reference to ‘Scheduled Areas’ in India, consider the following statements: UPSC 2023

1 . Within a State, the notification of an area as Scheduled Area takes place through an Order of the President.

2 . The largest administrative unit forming the Scheduled Area is the District and the lowest is the cluster of villages in the Block.

3 . The Chief Ministers of the concerned States are required to submit annual reports to the Union Home
Ministry on the administration of Scheduled Areas in the States.

How many of the above statements are correct?

(a) Only one

(b) Only two

(c) All three

(d) None

Ans (b)

Statement 1 and Statement 2 are correct.

Statement 3 is not correct. The governor of the state has a special responsibility regarding such scheduled
areas. He has to submit a report to the president regarding the administration of such areas, annually or
whenever so required by the president.