Scheduled Tribal Areas represent regions in India predominantly inhabited by indigenous tribal communities. These areas are designated as such due to the unique cultural, social, and economic characteristics of the tribal populations residing within them. The concept of Scheduled Tribal Areas emerged from the recognition of the distinct identity and vulnerabilities of tribal communities, necessitating special safeguards and developmental interventions to protect their interests and promote their well-being.
Scheduled Areas encompass regions constituting 11.3% of India’s landmass, where diverse Scheduled Tribe (ST) communities, representing 8.6% of the nation’s population, reside. These areas are delineated under the Fifth Schedule in 10 states: Andhra Pradesh, Telangana, Odisha, Jharkhand, Chhattisgarh, Madhya Pradesh, Rajasthan, Gujarat, Maharashtra, and Himachal Pradesh.
Additionally, four states, namely Assam, Meghalaya, Tripura, and Mizoram, are covered under the Sixth Schedule. Recently, Kerala proposed the notification of 2,133 habitations, five-gram panchayats, and two wards across five districts as Scheduled Areas, pending approval from the Union government.
Constitutional Provision
Identification Criteria
- The criteria for designating an area as a Scheduled Area are based on several factors including a substantial tribal population, compactness, reasonable size, administrative viability, and economic backwardness relative to nearby regions.
- The Bhuria Commission, also known as the 2002 Scheduled Areas and Scheduled Tribes Commission, proposed that areas with a tribal population of 40% or higher according to the 1951 Census be considered as Scheduled Areas.
Administration of Scheduled Areas
- The 5th Schedule of the Constitution outlines provisions for the administration and control of scheduled areas and tribes in states other than Assam, Meghalaya, Tripura, and Mizoram.
- The President of India holds the authority to declare any area as a scheduled area and can adjust its boundaries in consultation with the state’s Governor.
- The Governor of a state with scheduled areas submits an annual report to the President on the administration of the area.
- The Governor has the power to exempt scheduled areas from certain laws or apply them with modifications, as well as regulate land transfers and money lending activities.
- Regulations made by the Governor require the President’s assent for implementation.
- Parliament can amend provisions related to the administration of scheduled areas and tribes through ordinary legislation, without the need for a constitutional amendment.
- Article 339(1) of the Constitution allows for the appointment of a commission by the President to report on the administration and welfare of scheduled areas and tribes.
- Tribal Advisory Councils are mandated in every state with scheduled areas to advise on matters concerning the welfare of the Scheduled Tribe population.
Administration of Tribal Areas
- The 6th Schedule of the Constitution governs the administration of Tribal Areas in Assam, Meghalaya, Tripura, and Mizoram.
- These areas are divided into four parts: Part I (in Assam), Part II (in Meghalaya), Part IIA (in Tripura), and Part III (in Mizoram).
- Autonomous districts are established within these areas, subject to the executive authority of the respective states.
- The Governor has the authority to organize and reorganize these autonomous districts, including adjusting their boundaries.
- In areas with multiple tribes, the Governor can divide the district into autonomous regions.
- District Councils and Regional Councils are established to exercise legislative and judicial functions in these areas.
- District Councils consist of 30 members, with four nominated by the Governor and the remainder elected through adult franchise.
- Elected members serve a five-year term, while nominated members serve at the pleasure of the Governor.
- District Councils have legislative power in specific domains such as forest management, marriage customs, inheritance laws, etc.
- The Governor may empower the councils to adjudicate certain suits or offenses.
- Councils have the authority to levy specified taxes and collect land revenue.
- Laws passed by the District Councils require the approval of the Governor.
- The extension of state or central laws to these areas requires the approval of the respective councils.
- Exceptions exist for Assam, where the Governor holds the power of direction over acts of parliament and state legislature, and for Meghalaya, Tripura, and Mizoram, where the President holds such power over acts of parliament and the Governor over acts of the state legislature.
Also read about Union Territories.