Scheduled Areas

Scheduled Areas

"Control leads to compliance but Autonomy leads to engagement"

The whole of a State can be divided into 3 major categories (with respect to local self government)

1. Rural Area
2. Urban Area
3. Areas inhabited by tribals 
1. Scheduled Areas (under Schedule 5 of the Constitution)
2. Tribal Areas (under Schedule 6 of the Constitution)

Rural Area → Rural Local Self Government (73rd Constitutional Amendment Act)

Urban Area → Urban Local Self Government (74th Constitutional Amendment Act)

Scheduled Areas → governed by Schedule 5 (which provides Autonomy and Administration of that area)

Tribal Area → governed by Schedule 6 (which provides more Autonomy and Administration of that area)

Scheduled Areas were given Local Government but in 1996 when local government is proved successful in other areas by Panchayats Extension to Scheduled Area Act 1996 (PESA Act 1996).

Difference between PESA Act & Schedule 5 of the Constitution 

Schedule 5 

• Discuss principles/basic administration of the Scheduled Area.

PESA Act  

• It is not mentioned in the constitution, it is an act of the parliament, i.e., Statutory act.
• It brings local government to scheduled areas.
• Along with democratic decentralisation it also provides for more autonomy to protect their unique culture.

Scheduled Areas

• Schedule 5 
• Part X

President declares an area as Scheduled Area in a state. Currently 10 States have Scheduled Areas. they are -

1. Andhra Pradesh
2. Telangana
3. Jharkhand
4. Chhattisgarh
5. Gujarat
6. Himachal Pradesh
7. Madhya Pradesh
8. Maharashtra
9. Odisha
10. Rajasthan

President can also increase or decrease or change the boundary of the scheduled area in consultation with the governor of the state.

Centre has a greater control on the administration of Scheduled areas. For example - 

• Governor of the State submits the report to the president regarding the administration of the Scheduled areas annually.
• Centre can direct the state regarding administration of such areas.
• Tribal Advisory Council - States having scheduled areas have to establish a tribal advisory council to advice about the welfare and advancement of schedule tribe in the state. it has 20 members and three-forth of them are scheduled tribe MLAs of the State.
• Governor of the State can direct that the particular act of the parliament or state does not apply to the scheduled area or apply with some modification.
• Governor in consultation with the tribal advisory committee can make regulations in the area of peace, governance, money lending, land allotment, etc. However both the above actions of the governor requites the assent of the president.

PESA Act of 1996 - 

73rd Constitutional Amendment Act 1992, i.e., Part IX of the Constitution related to the rural local self government was not meant to be applied to the Schedule 5 areas.

However later on after understanding the effectiveness of the local self government, a form of local self government was introduced in 5th Scheduled areas through parliamentary law known as PESA Act.

Like 73rd Constitutional Amendment Act, PESA Act also considers Gram Sabha as the base of all the developmental activities (decision making). Thus, it can be seen that the PESA empowers the gram sabha more than 73rd CAA.

PESA aims at bringing development involving local people (democratic decentralisation) along with preserving the customs and traditions of local tribal communities.

PESA provides that -

• Gram Sabha will have to approve the projects and plans for the development of villages before they are implemented by panchayats at village level.
• Necessarily, the gram sabha or the panchayat at appropriate level shall be consulted before acquiring land in scheduled areas for developmental purpose as well as before rehabilitating the person affected by such developmental project in the scheduled areas.
• Before granting license or lease for the mining of minor minerals in the schedule areas, the recommendation of the gram sabha or panchayat is mandatory.
• The Gram Sabha or the Panchayats has to be empowered by the state legislature to regulate the sale and consumption of any intoxicant.
• Regulate the money lending to Schedule Tribes.
• Regulate the ownership and control of minor forest produce.

Reservation under PESA Act 

Reservation for SCs, STs and women will be given as per the state law. However, not less than 50% of the total seats in the panchayats shall be reserved for STs.

Seats for the chairperson of the panchayats at all the level shall be reserved for STs.

State may nominate such ST community member at the intermediate and district level panchayats which got no representation in these panchayats through elections. However such nomination can't be over one-tenth of the total elected members.

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Note - This is my Vision IAS Notes (Vision IAS Class Notes) and Ashutosh Pandey Sir's Public Administration Class notes. I've also added some of the information on my own. 

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