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. Ten states have Fifth Schedule Areas: Andhra Pradesh, Telangana, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha and Rajasthan. President is empowered to declare an area to be a scheduled area and the governor is empowered to direct for application of Parliament or state legislature acts with specified modifications and exceptions. Normal administrative machinery operating in a state is not extended to the fifth schedule areas. Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA) was enacted to extend Panchayat Raj provisions in fifth schedule areas with exceptions
THE FIFTH SCHEDULE (ARTICLE 244(1))
The Fifth Schedule is 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 adopt laws passed by Parliament and State legislature in such a way that it suits these areas.
- It provides the 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 Scheduled Areas.
Under the Fifth Schedule, the most important institution is the Tribes Advisory Council. In the Tribes Advisory Council, Scheduled Tribe MLAâ€™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 for the promotion of educational and economic interests of Tribal. It also aims to provide social justice to the tribals and prevent them from the 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.
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 the 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 is 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 advises 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 | 5th AND 6th SCHEDULE OF THE CONSTITUTION
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 AND THE SCHEDULE AREAS | 5th AND 6th SCHEDULE OF THE CONSTITUTION
Scheduled 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 the administration of the Scheduled areas to the President.
How are 6th schedule areas different from 5th schedule?
It provides greater autonomy. Greater powers are devolved and power to make legislation on numerous subjects. In the fifth schedule, the tribal advisory council have only advisory powers to the state government and that too only on the matters referred to the council by the governor. In cases related to transfer of land, it could exercise power on its own. The council in 5th schedule is the creation of state legislature while in 6th schedule it is the product of the constitution. It has the financial power to prepare a budget for themselves unlike council in 5th areas. They also receive funds from the consolidated fund of India to finance schemes for development, health, education, roads.
5th AND 6th SCHEDULE OF THE CONSTITUTION
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 per cent tribal population.