Scheduled Areas (5th Schedule)
- Declaration & Alteration of Scheduled Areas:
- Done by President in consultation with the Governor.
- Executive Power of State:
- Extends to Scheduled Areas.
- Governor submits an annual report on the administration of Scheduled Areas to the President.
- Centre can issue directions to states regarding Scheduled Areas.
Tribal Advisory Council (TAC)
- Composition: 20 members, with ¾ (15 members) being MLAs from the State Assembly.
- TAC in Non-Scheduled Areas:
- Can be established if directed by the President.
Law Applicability in Scheduled Areas
- Governor’s Powers:
- Can make regulations for Peace and Good Governance (GG) after consulting TAC.
- Can repeal or amend any Act of Parliament or State Legislature.
- All such regulations require the President’s assent.
- May restrict land transfer among STs and regulate money lending.
Tribal Areas (6th Schedule)
- Autonomous Districts:
- These areas do NOT fall outside the executive authority of the state but are administered directly by the Governor.
- Management of Areas:
- Governor can increase or decrease area of Autonomous Districts (NOT the President).
District and Regional Councils
- District Councils (DCs):
- 30 members (26 elected for 5 years, 4 nominated).
- Regional Councils (RCs):
- Each autonomous region within a district has a separate RC.
- Law-making powers:
- Both DC and RC can make laws (but require the Governor’s assent).
- DC can regulate:
- Schools, markets, moneylending, trading by non-tribals (requires Governor’s assent).
- DC & RC have financial powers:
- Can assess & collect land revenue and impose certain taxes.
- Judicial Powers:
- Can set up courts for trials of disputes between tribal communities.
- Jurisdiction of HC over such cases is decided by the Governor.
Law Applicability in Tribal Areas
| State | State Laws Applicability | Central Laws Applicability |
|---|---|---|
| Assam | Governor’s decision | Governor’s decision |
| Meghalaya, Tripura, Mizoram | Governor’s decision | President’s decision |
- Dissolution of DC/RC:
- Governor can dissolve based on the report of a commission appointed for administrative review.
Difference Between 5th and 6th Schedule Councils
| Aspect | 5th Schedule | 6th Schedule |
|---|---|---|
| Formation | By State Legislature | By Constitution |
| Nature | Advisory only (on reference from Governor) | Has actual powers |
| Financial Powers | None | Has financial powers + Can prepare its own budget |
| Funds from Consolidated Fund of India (CFI) | No | Yes |
