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Scheduled and Tribal Areas – Laxmikanth Notes


Constitutional Basis
  • Deals with special provisions for governance and development of backward and tribal areas.
  • Articles 244 and 244A of the Constitution.
  • Related Schedules:
    • Fifth Schedule – for Scheduled Areas in other than NE states.
    • Sixth Schedule – for Tribal Areas in North-East India.


Fifth Schedule – Scheduled Areas (Article 244)


Applicable To:

States other than the North-Eastern states (e.g., Jharkhand, Chhattisgarh, Odisha, MP, AP, Telangana, etc.)


Key Provisions:
Provision Details
Governor’s Powers Can declare areas as Scheduled Areas; has special powers for administration
Tribes Advisory Council (TAC) Must be formed in states with Scheduled Areas; 3/4th members must be STs
President’s Role Can declare, alter, or rescind Scheduled Areas
Governor’s Report Submits annual report on administration of Scheduled Areas to the President
Applicability of Laws Governor may restrict the application of laws in these areas


Sixth Schedule – Tribal Areas (Article 244 + 275)


Special autonomous provisions for 4 NE states:
State Autonomous District Councils (ADCs)
Assam 3 ADCs
Meghalaya 3 ADCs
Tripura 1 ADC
Mizoram 3 ADCs

Key Features:
Feature Details
Creation of ADCs Autonomous District and Regional Councils with legislative, executive & judicial powers
Laws and Jurisdiction Councils can make laws on land, forest, water, shifting cultivation, marriage, etc.
Village Councils Councils can constitute village councils
Judicial Powers Can form courts for STs (not for general criminal/civil jurisdiction)
Taxes Can levy and collect taxes within their jurisdiction
President/Governor Role Governor may include/exclude areas; President can direct financial assistance


Article 244A

  • Special provision for Assam: empowers Parliament to create an autonomous state within Assam.
  • Can provide for legislature and council of ministers.


Key Differences Between Fifth & Sixth Schedule

Feature Fifth Schedule Sixth Schedule
Applies to Other Indian states (excluding NE) NE states (Assam, Meghalaya, Tripura, Mizoram)
Autonomy Limited (Governor-centric) High (Autonomous District Councils)
TAC Yes No TAC, but ADCs exist
Legislative Powers State-based Local ADCs have legislative powers
Judicial Powers Limited ADCs can establish customary courts


Issues and Concerns

  • Poor implementation of protective laws
  • Encroachment and alienation of tribal land
  • Under-representation in governance
  • Weak role of TACs
  • Need for greater autonomy and development focus


Quick Revision Table

Topic Key Details
Articles Involved 1) – 244 → 5th & 6th Schedules
2) – 244A → Special status for Assam
Fifth Schedule For Scheduled Areas (non-NE states)
Sixth Schedule For Tribal Areas (NE states only)
President’s Role Declares Scheduled Areas; directs funds
Governor’s Role 1) – Declares TACs
2) – Sends annual reports
3) – Can make laws inapplicable
TAC (Fifth Schedule) Mandatory in Scheduled Areas; 3/4th ST members
ADCs (Sixth Schedule) Autonomous councils with powers of legislation, taxation, and dispute resolution
States under Sixth Schedule Assam, Meghalaya, Tripura, Mizoram
Article 244A Autonomous state with legislature within Assam
Key Concern Effective self-governance and protection of tribal rights remain weak in implementation


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