Scheduled & Tribal Areas (Article 244)

Article 244 (1) → Provisions of 5^th schedule shall apply to administration & control of schedule areas in every state other than Meghalaya, Tripura, Assam & Mizoram

Article 244 (2) → Provisions of 6^th schedule shall apply to administration & control of tribal areas of Meghalaya, Tripura, Assam, & Mizoram

5^th Schedule → Administration of Scheduled Areas

• • Governor of each state having scheduled areas have to submit a report to the President annually or whenever so required by the President
  • Executive powers of union extend to giving directions to the state regarding administration of these areas
  • A tribal advisory council consisting of not more than 20 members should be established in each state having scheduled areas therein, for their advancement & welfare

• Governor is empowered to direct that any particular act of parliament or state government does not apply to scheduled areas or if applied, then with specific modifications & exceptions
• Constitution provides for appointment of a commission to report on administration of scheduled areas & welfare of scheduled tribes in the state. President can appoint such commission at any time but compulsorily after 10 years from commencement of constitution

6^th Schedule → Administration of Tribal areas

• • Tribal areas in state of Assam, Meghalaya, Tripura & Mizoram have been constituted as autonomous districts (i.e., falls under the executive authority of state concerned)
  • President at any time by order direct that whole or any specified part of schedule area ceases to be a scheduled area or may increase the scheduled area in state after the consultation with the governor of the state
  • If there are different tribes in an autonomous district, governor can divide the district into several autonomous regions

• Each autonomous district has a district council of 30 members + each autonomous region also has a separate regional council
• District & Regional councils are empowered to assess & collect land revenue & impose certain specified taxes
• Governor can appoint a commission to examine & report of any matter relating to administration of autonomous district of regions.
• He may also dissolve a district or regional council on the recommendation of appointed commission.

Autonomous Councils Under Sixth Schedule

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