Tribal Areas (6th Schedule Areas)
States having tribal areas
- Assam
- Meghalaya
- Mizoram
- Tripura
Difference between Scheduled Areas and Tribal Areas
Scheduled Areas
- Listed under Schedule 5 of the Constitution
- They are backward areas
- Apart from tribal communities, other communities may be present
- They are not much separated from the mainstream
- PESA Act provides for the local self government in Scheduled areas
- Autonomy were given
- Interference of the centre is more
- Scheduled area to be declared by the President.
Tribal Areas
- Listed under Schedule 6 of the Constitution
- They are extremely backward areas
- These areas are mainly inhabited by tribals.
- They are cut off from the mainstream.
- Schedule 6 provides local government in Tribal areas.
- More autonomy were given.
- Interference of the state is more
- Tribal areas to be declared by the Governor.
6th Schedule of the constitution has got special provisions with respect to the administration of tribal areas in the four North-Eastern States of India (Assam, Meghalaya, Mizoram and Tripura).
Tribal people in these areas are still cutoff from the national mainstream and carry a different culture.
Thus they require special autonomy to conserve their unique culture and this is ensured through a special form of local self government.
The declared tribal areas of these 4 states have been organised as Autonomous District.
Governor of the State organises or changes the boundary of the autonomous district, i.e., he can define and redefine the boundaries of the autonomous district.
The governor can divide the autonomous district into several autonomous regions if there exists different tribes within one autonomous district.
Each autonomous district has a local government called as Autonomous District Council (it is mentioned in the constitution) having 30 members out of which 26 are elected by the people for a period of 5 years and 4 are nominated by the governor, occupying the office till the pleasure of the governor.
Autonomous district council and autonomous regional council administered the area under them and can even make laws on certain subjects like land, forest, marriage, divorce, etc. However such law requires the assent of the governor.
ADC and ARC can even constitute Village Council or Village Courts to settle the disputes between or among the tribes within the area. However the jurisdiction of the High Court of the state over these cases is specified by the governor of the state.
i.e., Autonomous district council is executive as well as legislative and some time works as quasi-judicial body (ADC formed Village Council to solve disputes, Village Council is controlled by the High Court of the concerned state).
Schedule 6 also talks about the management of education by Autonomous District Council.
Any act of the parliament or state legislature do not apply on these areas or may apply with modifications as declared by the governor after taking the assent of the president.
Governor can even dissolve ADC on the recommendation of the commission formed by him to examine the working of the Autonomous district.
Special provisions for some states
- Article 371 - Maharashtra and Gujarat
- Article 371A - Nagaland
- Article 371B - Assam
- Article 371C - Manipur
- Article 371D - Andhra Pradesh and Telangana
- Article 371E - Establishment of Central University in Andhra Pradesh
- Article 371F - Sikkim
- Article 371G - Mizoram
- Article 371H - Arunachal Pradesh
- Article 371I - Goa
- Article 371J - Karnataka
Note - Local Self Government in Nagaland and Manipur is not because of 73rd and 74th Constitutional Amendment Act but because of respective state law and this power is provided by the Article 371A and 371C respectively.
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