Master10
Tribes & Indigenous Heritage Module

Scheduled Tribes & 5th/6th Schedule Governance

The constitutional architecture for India's tribal governance is anchored in Articles 244 and 244A, which create distinct protective regimes through the Fifth and Sixth Schedules. The Fifth Schedule applies to designated tribal areas across ten states, empowering State Governors to regulate land transfers and establish Tribes Advisory Councils. In contrast, the Sixth Schedule establishes Autonomous District Councils (ADCs) and Regional Councils with legislative, judicial, and executive powers in the northeastern states of Assam, Meghalaya, Tripura, and Mizoram. Furthermore, the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA) and the Forest Rights Act, 2006 (FRA) empower Gram Sabhas to exercise customary self-governance, protect community forest resources, and prevent illegal land alienation.

Key Concepts & Examination Highlights

  • The Fifth Schedule currently applies to Scheduled Areas in 10 states: Andhra Pradesh, Telangana, Jharkhand, Chhattisgarh, Madhya Pradesh, Maharashtra, Gujarat, Odisha, Rajasthan, and Himachal Pradesh.
  • The Sixth Schedule provides for Autonomous District Councils (ADCs) in four northeastern states: Assam, Meghalaya, Tripura, and Mizoram (AMTM).
  • Article 338A established the National Commission for Scheduled Tribes (NCST) as a constitutional body following the 89th Constitutional Amendment Act, 2003.
  • The PESA Act of 1996 extends Part IX of the Constitution to Fifth Schedule areas, recognizing the primacy of the Gram Sabha in managing local resources.
  • The 89th Constitutional Amendment Act 2003 bifurcated the National Commission for SCs and STs, establishing a separate National Commission for Scheduled Tribes (NCST) under Article 338A.
  • The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA) recognizes individual and community forest rights, vesting governance in the Gram Sabha.
  • The Bhuria Committee recommendations in 1995 led directly to the enactment of the PESA Act 1996 to prevent tribal alienation from land and water resources.
  • Under the Fifth Schedule, each state having Scheduled Areas must establish a Tribes Advisory Council (TAC) consisting of not more than 20 members, of whom three-fourths must be ST representatives of the State Legislative Assembly.
  • The Sixth Schedule currently administers 10 Autonomous District Councils: 3 each in Assam (Bodoland, Karbi Anglong, Dima Hasao), Meghalaya (Khasi, Jaintia, Garo), and Mizoram (Chakma, Lai, Mara), and 1 in Tripura.
  • Article 244(1) governs Fifth Schedule areas, whereas Article 244(2) and Article 275(1) govern the administrative financing and autonomy of Sixth Schedule regions.
  • According to the 2011 Census of India, Scheduled Tribes constitute 8.6% of India's total population (approximately 104.3 million), with Madhya Pradesh having the largest ST population in absolute numbers.
  • Article 342 of the Constitution empowers the President of India to specify the tribes or tribal communities to be deemed Scheduled Tribes in relation to each State or Union Territory.
  • Parliament alone possesses the exclusive constitutional power under Article 342(2) to include in or exclude from the Scheduled Tribes list by law.
  • Article 275(1) provides for special Grants-in-Aid from the Consolidated Fund of India to promote the welfare of Scheduled Tribes and improve administrative efficiency in Scheduled Areas.
  • Article 164(1) mandates that in the states of Chhattisgarh, Jharkhand, Madhya Pradesh, and Odisha, there shall be a Minister in charge of tribal welfare.
  • Article 15(4) and Article 16(4) enable the State to make special reservations in educational admissions and public employment appointments for Scheduled Tribes.
  • Article 243M and Article 243ZC exempt Scheduled Areas and tribal regions from the standard provisions of Part IX (Panchayats) and Part IXA (Municipalities) except as extended by Parliament.
  • Under the Sixth Schedule, District Councils can make laws on land allocation, forest management (non-reserved), village administration, inheritance of property, and social customs with Governor assent.
  • The Governor under the Fifth Schedule can direct that any specific Act of Parliament or State Legislature shall not apply to a Scheduled Area or shall apply with specified modifications.
  • Under the PESA Act 1996, every Gram Sabha is competent to safeguard community traditions, resolve local disputes according to customary law, and manage minor forest produce (MFP).
  • Mandatory prior consultation with the Gram Sabha is legally required under PESA before acquiring land in Scheduled Areas for development projects and rehabilitating displaced persons.
  • The Xaxa Committee (High Level Committee on Socio-Economic, Health and Educational Status of Tribal Communities), appointed in 2013, submitted its comprehensive reform report in 2014.
  • The Lokur Committee (1965) established five foundational criteria for scheduling tribal communities: primitive traits, distinctive culture, geographical isolation, shyness of contact, and backwardness.
  • As per Census 2011, Lakshadweep has the highest percentage of ST population (94.8%) among Union Territories, while Mizoram leads among States (94.4%).
  • States and Union Territories with no Scheduled Tribes enumerated in Census 2011 include Punjab, Haryana, Chandigarh, Delhi, and Puducherry.
  • Article 366(25) of the Indian Constitution defines Scheduled Tribes as those communities deemed under Article 342 to be Scheduled Tribes for the purposes of the Constitution.
  • Article 342 empowers the President of India, after consultation with the Governor of a State, to specify the tribes or tribal communities to be deemed Scheduled Tribes.
  • The Fifth Schedule of the Constitution applies to the administration and control of Scheduled Areas and Scheduled Tribes in ten states: Andhra Pradesh, Telangana, Jharkhand, Chhattisgarh, Madhya Pradesh, Maharashtra, Gujarat, Odisha, Rajasthan, and Himachal Pradesh.
  • Under the Fifth Schedule, every state having Scheduled Areas must establish a Tribes Advisory Council (TAC) consisting of not more than twenty members, three-fourths of whom must be ST MLAs.
  • Under Paragraph 5 of the Fifth Schedule, the Governor has the power to direct that any Act of Parliament or State Legislature shall not apply to a Scheduled Area, or apply with specific exceptions.
  • The Sixth Schedule provides for the administration of tribal areas in four northeastern states—Assam, Meghalaya, Tripura, and Mizoram (often remembered by the acronym AMTM).
  • The Sixth Schedule creates autonomous self-governing administrative units designated as Autonomous District Councils (ADCs) and Autonomous Regional Councils.
  • Each Autonomous District Council under the Sixth Schedule consists of a maximum of 30 members, of whom 26 are directly elected by universal adult franchise and 4 are nominated by the Governor for a 5-year term.
  • ADCs have extensive legislative powers to make laws on land allotment, forests (other than reserved forests), canal water, shifting cultivation (jhum), village administration, inheritance, and marriage.
  • The Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA Act), recommended by the Dilip Singh Bhuria Committee, extends Part IX of the Constitution to Fifth Schedule Areas.
  • The PESA Act mandates that the Gram Sabha shall be competent to safeguard and preserve community traditions, customs, cultural identity, community resources, and customary dispute resolution.
  • Under PESA, the Gram Sabha has mandatory powers for prior consultation before land acquisition, ownership of minor forest produce (MFP), and control over local money lending and tribal land alienation.
  • The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA) recognizes individual forest rights (IFR) up to 4 hectares and community forest rights (CFR).
  • The FRA designates the Gram Sabha as the primary statutory authority for initiating the process of determining and verifying individual and community forest rights.
  • Article 275(1) of the Constitution provides for special Grants-in-Aid from the Consolidated Fund of India to states for promoting the welfare of Scheduled Tribes and upgrading the administration of Scheduled Areas.
  • The National Commission for Scheduled Tribes (NCST) was established as a separate constitutional body under Article 338A by the 89th Constitutional Amendment Act, 2003.
  • The NCST consists of a Chairperson, a Vice-Chairperson, and three full-time Members (at least one of whom must be a woman), appointed by the President by warrant under his hand and seal.
  • Article 244(1) governs the administration of the Fifth Schedule Areas, while Article 244(2) specifically governs the Sixth Schedule Tribal Areas in the northeastern states.
  • The Lokur Committee in 1965 established five essential criteria for scheduling a tribal community: primitive traits, distinctive culture, geographical isolation, shyness of contact, and socio-economic backwardness.
  • Article 330 provides for the reservation of seats for Scheduled Tribes in the Lok Sabha in proportion to their population in each State and Union Territory.
  • Article 332 provides for the reservation of seats for Scheduled Tribes in the Legislative Assemblies of the States.
  • The 104th Constitutional Amendment Act, 2020 extended the reservation of seats for Scheduled Tribes and Scheduled Castes in the Lok Sabha and State Legislative Assemblies for another ten years until 2030.
  • According to the 2011 Census, Scheduled Tribes constitute 8.6% of India's total population, numbering 104.3 million people.
  • Madhya Pradesh has the largest absolute population of Scheduled Tribes in India (15.3 million), followed by Maharashtra and Odisha.
  • Lakshadweep (94.8%) and Mizoram (94.4%) have the highest percentage of Scheduled Tribe population among Union Territories and States respectively according to the 2011 Census.
Curriculum & Reference Sources: Constitution of India (Articles 244, 338A, 342), Ministry of Tribal Affairs (MoTA) Annual Reports, PESA Act 1996.

Sample Solved Questions & Concept Explanations

8 Verified Concept Questions
Q1.EASY

Which schedule of the Constitution of India contains special autonomous governance provisions for the administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram?

Q2.MEDIUM

Under the Fifth Schedule of the Constitution of India, who is empowered to declare an area as a 'Scheduled Area' or alter its territorial boundaries?

Q3.MEDIUM

The Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA) was enacted by Parliament based on the recommendations of which expert committee?

Q4.HARD

Under Article 338A of the Constitution of India, the National Commission for Scheduled Tribes (NCST) comprises a Chairperson, a Vice-Chairperson, and how many other full-time Members, including at least one woman?

Q5.EASY

Under Article 244(1) of the Constitution of India, the provisions of the Fifth Schedule currently apply to Scheduled Areas across how many Indian States?

Q6.EASY

Under Paragraph 4 of the Fifth Schedule of the Constitution, what is the maximum permissible membership of a state's Tribes Advisory Council (TAC)?

Q7.EASY

Under the Sixth Schedule of the Constitution of India, an Autonomous District Council (ADC) typically consists of a maximum of how many total members?

Q8.EASY

What is the statutory cut-off date prescribed under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA) for occupation of forest land?