Emergency Provisions

UNIT 12 FIFTH AND SIXTH SCHEDULES*

Structure
12.0 Objectives
12.1 Introduction
12.2 Why Special Provisions?
12.3 Constitutional Provisions under the Fifth and Sixth Schedules
12.3.1 The Fifth Schedule
12.3.2 The Sixth Schedule
12.4 Historical Background for Administration in the Fifth and Sixth Scheduled
Areas
12.4.1 The Genesis of the Fifth and Sixth Schedules
12.5 Fifth and Sixth Schedules: A comparison
12.6 Politics Relating to the Special Provisions
12.6.1 Fifth Schedule
12.6.2 Sixth Schedule
12.7 Let Us Sum Up
12.8 References
12.9 Answers to Check Your Progress Exercises

12.0 OBJECTIVES
After reading this unit, you should be able to:
Identify the areas which are administered distinctly from most other parts of
the country;
Know the special provisions under the Fifth and Sixth Schedules of the
Constitution;
Give reasons for the introduction of these special provisions;
Understand the difference between the provisions under the Fifth and Sixth
Schedules of the Constitution; and
Understand the political dynamics related to these special provisions

12.1 INTRODUCTION
Although the Constitution of India seeks to provide a uniform rule over the whole
country, certain areas of the country are governed by special provisions. At the
time of the framing of the Constitution, the framers of the Constitution took note
of the fact that certain areas and communities in the country on account of their
isolated and primitive lifestyle need special consideration for safeguarding their
interests and advancing their socio-economic development. Article 244 in Part
X of the Constitution envisages a special system of administration of areas notified
as “Scheduled Areas” and “Tribal Areas”. According to Article 244(1), the
provisions of the Fifth Schedule shall apply to the administration and control of

* Dr.Nongmaithem Kishorchand Singh, Academic Associate, Faculty of Political Science, IGNOU, New
Delhi 117
Federalism and the Scheduled Areas and Scheduled Tribes in any states other than the four North-
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Eastern states of Assam, Meghalaya, Tripura and Mizoram. Whereas, as per Article
244(2), the tribal-dominated areas in the above four States of Assam, Meghalaya,
Tripura and Mizoram are to be administered separately under the Sixth Schedule
of the Constitution. Under Article 244 and the Sixth Schedule, these areas are
specified as “Tribal Areas” which are technically different from the “Scheduled
Areas” under the Fifth Schedule. Thus, the Fifth and Sixth Schedules of the
Constitution have special provisions related to the administration and control of
such areas declared as “Scheduled Areas” and “Tribal Areas” respectively.

12.2 WHY SPECIAL PROVISIONS?

Majority of tribal communities categorized as “Scheduled Tribes” have been
living in isolation in the hills and forest areas in different parts of the country.
Therefore, the administration of these tribal areas has always been a matter of
great concern. The forest and hills provided a natural barrier and isolated the hill
tribes from the people living in the plains. Prior to independence and enactment
of the Constitution, the British government’s policy of isolation and non-
interference in the affairs of tribal population in different parts of the country has
gradually pushed them back into the forest and hills. Due to this isolation, these
tribes remained uneducated, poor and underdeveloped. They were governed by
their own customary laws and rituals. While some of them depend on cultivation,
the livelihood of many others continued to depend on hunting, food gathering,
etc. The ‘land’ and ‘forest’ are, therefore, the two basic resources of tribal
livelihood system. They have a great emotional attachment to their land and
forest. It gives them equality of status, dignity and means to economic and social
empowerment. As a result, their life and outlook are quite different from those of
the people in the rest of the country (particularly, the plain areas). Recognising
the constraints imposed by these peculiar social, cultural and ecological
environments, the framers of the Constitution considered it necessary to introduce
some mechanism to protect their cultural identity, protect them from exploitation
and promoted their development. The Fifth and Sixth Schedules are among such
mechanisms. Besides, Article 275(1) of the Constitution also guarantees funds
to both the Fifth and Sixth Scheduled Areas from the Consolidated Fund of India
as grants-in-aid for the purpose of promoting the welfare of the Scheduled Tribes
or raising the level of administration of the Scheduled and Tribal Areas.
Consequently, when the Constitution was adopted, it envisaged for the creation
of a grass-root level administrative mechanism for the administration of Scheduled
Areas and Tribal Areas in different parts of the country. In doing so, the provisions
of the Fifth and Sixth Schedules were incorporated in order to protect the
aspirations of the people of the areas and simultaneously assimilate them into
the mainstream of the country.

12.3 SPECIAL PROVISIONS UNDER THE FIFTH

AND SIXTH SCHEDULES
12.3.1 The Fifth Schedule
Under Article 244(1) of the Constitution, the provisions of the Fifth Schedule
shall apply to the administration and control of the Scheduled Areas and Scheduled
Tribes in any state other than the State of Assam, Meghalaya, Tripura, and
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Mizoram. The principal object of these specific provisions in the Fifth Schedule Fifth and Sixth Schedules
is to protect the interests and rights of the tribals in their land, habitat and economy;
and to preserve the communities customs and tradition and to ensure a faster
socio-economic development in the “Scheduled Areas”. The “Scheduled Areas”
as defined in Part C of the Fifth Schedule are “such areas as the President may by
order declare to be Scheduled Areas”. The criteria for the declaration of any area
as a Scheduled Area under the Fifth Schedule as recommended by the First
Scheduled Areas and Scheduled Tribes Commission also known as Dhebar
Commission are:
a) Preponderance of tribal population,
b) Compactness and reasonable size of the area,
c) Under-developed nature of the area, and
d) Marked disparity in the economic standard of the people.
These Scheduled Areas are predominantly inhabited by tribes specified as
“Scheduled Tribes” and located in the states of Andhra Pradesh, Telangana, Bihar,
Chhattisgarh, Gujarat, Himachal Pradesh, Madhya Pradesh, Jharkhand,
Maharashtra, Orissa and Rajasthan. Para 6(2) in Part C of the Fifth Schedule
prescribes the procedure for altering, scheduling or rescheduling of any Scheduled
Areas in any states. Accordingly, the President may at any time by order:
i) direct that the whole or any specified part of a Scheduled Area shall cease
to be a Schedule Area or a part of such an area;
ii) increase the area of any Scheduled Area in a state after consultation with
the Governor of that State;
iii) alter the boundaries of a State on the admission into the Union or the
establishment of a new State, declare any territory not previously included
in any State to be, or to form part of, a Scheduled Area;
iv) rescind, in relation to any state of States, any order or orders made under
this paragraph, and in consultation with the Governor of the State concerned,
make fresh orders redefining the areas which are to be Scheduled Areas

The above-mentioned provisions imply that the President is the authority to

declare any area as a Scheduled Area or renounce a Scheduled Area or part of a
Scheduled Area as a non-Scheduled Area in consultation with the Governor of
the concerned State. Under the provisions of the Fifth Schedule, the Governors
of the States having Scheduled Areas are empowered to exercise extensive power
and functions to discharge for the administration and control of the Scheduled
Areas. The Governors of these states are required to submit a report to the
President annually or whenever so required by the President regarding the
administration of the Scheduled Areas in that State and the executive power of
the Union shall extend to the giving of directions to the respective States for the
administration of the Scheduled Areas (Part A, Para 3). The Governor is authorised
to direct the State government by public notification not to apply any Act of
Parliament or of the State Legislature to a Scheduled Areas or apply it subject to
exceptions or modifications (Part B, Para 5(1)).

The Fifth Schedule assigns special responsibilities to the Governors for ensuring
peace and good governance in the Scheduled Areas. For this, as per the provision
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Federalism and under Para 5(2), the Governor can make regulations in the Scheduled Areas
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particularly for the following purposes:
i) to prohibit or restrict the transfer of land by or among the members of
Scheduled Tribes in such areas,
ii) to regulate the allotment of land to members of the Scheduled Tribes,
iii) to regulate the carrying on of business as money-lenders by persons who
lend money to members of the Scheduled Tribes in such area
Another significant provision for the administration and control of the Scheduled
Areas and Scheduled Tribes is the establishment of a Tribes Advisory Council
(TAC). Under Para 4 in part B of the Fifth Schedule, each state having Scheduled
Areas has the constitutional obligation to constitute a Tribes Advisory Council.
The President may also direct any state having Scheduled Tribes but not Scheduled
Areas to create a Tribes Advisory Council consisting of not more than twenty
members of whom nearly three-fourth shall be the representatives of Scheduled
Tribes in the State Assembly. As per the provisions are given in Para 4(2) of the
Fifth Schedule, the primary duty of the Tribes Advisory Council is to advise the
State Government on matters related to the welfare and advancement of Scheduled
Tribes in the state or on any matter which may have been referred to them by the
Governor.
Besides, under Article 339 (1) of the Constitution, the President may also appoint
a Commission to report on the administration of the Scheduled Areas and welfare
of the Scheduled Tribes in the states. As it was obligatory to appoint such
Commission at the end of the first ten years of the implementation of the
Constitution, the First Scheduled Areas and Scheduled Tribes Commission was
appointed in 1960, with U.N. Dhebar as the Chairman to address the overall
situation of the tribals, including the issue of land alienation in the tribal areas.
The Commission submitted its report in 1961. And in 2002, the Second
Commission was set-up under the Chairmanship of Shri Dileep Singh Bhuria
(The Bhuria Commission) to review the constitutional mechanisms for the welfare
and development of Scheduled Tribes.
Thus, the Fifth Schedule of the Constitution created an institutional mechanism
in the form of the Tribes Advisory Council for the administration of the Scheduled
Areas and the Scheduled Tribes in different parts of the country other than the
four North-Eastern States of Assam, Meghalaya, Mizoram and Tripura. The four
States of North-East are excluded from the purview of the Fifth Schedule since
they are administered separately under the scheme of the Sixth Schedule.

12.3.2 The Sixth Schedule

Considering the distinct life and outlook of the tribals in the North-East (erstwhile
State of Assam), the Constituent Assembly recognised the necessity of a separate
administrative structure for the tribals in the region. Therefore, under Article
244(2) of the Constitution, the Sixth Schedule makes special arrangement for
the administration of Tribal Areas in the States of Assam, Meghalaya, Mizoram
and Tripura. One of the most important provisions of the Sixth Schedule is that
the tribal areas are to be administered as Autonomous Districts and Autonomous
Regions. Under the provision of the Sixth Schedule, the Governor of the State is
empowered to determine the area or areas as administrative units of the
Autonomous Districts and Autonomous Regions. The Governor has the power
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to create a new Autonomous District/Region or alter the territorial jurisdiction Fifth and Sixth Schedules
or the name of any Autonomous District or Autonomous Regions.
The Autonomous Districts and Autonomous Regions in the above four States are
specified in the Table appended to Para 20 of the Sixth Schedule. Originally, it
consisted of two parts A and B, but at present, there are 10 such areas in four
parts as listed below:
Part I (Assam)
1) The North-Cachar Hills District (Dima Haolang)
2) The Karbi-Anglong District
3) The Bodoland Territorial Area District
Part II (Meghalaya)
1) The Khasi Hills District
2) The Jaintia Hills District
3) The Garo Hills District
Part II-A (Tripura)
The Tripura Tribal Areas District
Part III (Mizoram)
1) The Chakma District
2) The Mara District
3) The Lai District
The Sixth Schedule has provision for the creation of Autonomous District
Councils, and Regional Councils endowed with certain legislative, executive,
judicial and financial powers. However, the administrative powers and functions
of these District Council and Regional Council differ from State to State. The
Sixth Schedule lays down different administrative provisions for the District
Councils and Regional Councils of each state in Para 12, 12A, 12AA and 12B
for the State of Assam, Meghalaya, Tripura and Mizoram respectively.

According to Para 2(1) the Sixth Schedule, each Autonomous District shall have
a District Council consisting of not more than thirty members, out of which four
are nominated by the Governor while the rest are elected on the basis of adult
franchise (the newly added Bodoland Territorial Council is an exception; it can
have up to forty-six members). The Sixth Schedule conferred them certain
Executive, Legislative and Judicial powers so that they have got the autonomy
to make laws of their land, managing their forests (other than the reserved forest),
the appointment of traditional chiefs and headman, inheritance of property,
marriage, social customs, taxation etc. The power and functions of District
Councils and Regional Councils as given in the Sixth Schedule can be summarised
as:

i) Legislative Functions
One of the most important features of Sixth Schedule is the empowerment
of District Councils to make laws. Para 3 of the Sixth Schedule provides
the provision for the District Council and Regional Councils to make rules 121
Federalism and in respect of lands, management of forest (other than the Reserved Forest),
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use of canal or water-course for agriculture, regulation of jhum and other
forms of shifting cultivation, establishment and administration of village or
town committees, appointment or succession of Chiefs or Headmen,
inheritance of property, marriage and divorce and social practice with the
prior approval of the Governor. Under Para 10 of the Schedule, the District
Council of an Autonomous District has the power to make law for the
regulations and control of money-lending or trading by any person other
than Scheduled Tribe residents in that Scheduled District. However, all laws
made under this provision shall have no effect until assented by the Governor
of the State.

ii) Executive Powers

The Sixth Schedule also endowed the District Councils and Regional
Councils with extensive executive powers. The District Councils and
Regional Councils are given the power to establish, construct or manage
primary schools, dispensaries, markets, cattle ponds, fisheries, roads,
road transport and waterways in the districts. The Councils are also
authorized to prescribe the language and manner of instruction in the primary
schools.

iii) Judicial Powers

The District and Regional Councils are also empowered to constitute Village
and District Council Courts for trial of suits and cases where all parties to
the dispute belong to Scheduled Tribes within the district. And no other
courts except the High Courts and the Supreme Court has the jurisdiction
over such suits or cases of the Council Courts. However, these Council
Courts are not given the power to decide cases involving offences punishable
by death or imprisonment for five or more years.

iv) Financial Powers

The provisions of the Sixth Schedule provide certain financial powers to
the District and Regional Councils. They are empowered to prepare a budget
for their respective Council.Under Para 8 of the Sixth Schedule, District
and Regional Councils are empowered to assess and collect land revenue
and impose taxes on professions, trades, animals, vehicles, taxes on entry
of goods into the market for sale, toll on passengers and goods carried in
ferries and taxes for the maintenance of schools, dispensaries or roads within
their respective jurisdiction. And under Para 9 of the Schedule, the Councils
are given the power to grant licenses or leases for extraction of minerals
within their jurisdiction.
Check Your Progress Exercise 1
Note: 1) Use the space below for your answers.
2) Check your answers with the model answers given at the end of this
unit.
1) Mention the special provisions which are meant for the North - East India
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 Fifth and Sixth Schedules
12.4 HISTORICAL BACKGROUND OF THE
ADMINISTRATION IN THE FIFTH AND
SIXTH SCHEDULED AREAS
Separate administration for tribals in India based on the traditional system of
community self-governance has had a long colonial history. Even before the
enactment of the Constitution, the necessity of protecting the tribal areas and its
people against subjugation and exploitation from their outsiders’ was kept in
view by the British. Issues related to land, inheritance, forest, dispute resolutions,
etc. were dealt with according to the customary laws, and through the arbitration
of clan and tribal chiefs. Thus, the British colonial government enacted many
acts and regulations such as the Inner Line Regulation of 1873, the Scheduled
District Act, 1874, the Government of India Act, 1919 and 1935, etc. The
Scheduled District Act of 1874 restricted the application of general laws and
acts to the Scheduled Districts. The Government of India Act, 1919 designated
these areas “backward areas” but later turned them into “excluded” and “partially
excluded” areas by the Government of India Act, 1935.

The hilly regions of North-East India have a history of being governed differently
in comparison to the rest of India. While most of India with the exception of the
princely states were governed by the standard colonial administration, the hill
regions of the erstwhile State of undivided Assam (as most states which exist
today were then part of Assam) were ruled by the British indirectly. Since the
annexation of the tribal areas of North-East India, the British adopted a specialised
system of administration, designed to maintain as far as possible the cohesiveness
of the tribal societies by minimizing its administrative interference. The
Government of India Act, 1935, placed the hill regions of Assam in the “excluded”
category. As it was difficult for the British to administer such a vast hilly region,
the hilly areas of Assam were left to be governed by their traditional rules and
customs, which did not cost them anything. The people in this area did not want
any outsider rule over them.

12.4.1 The Genesis of the Fifth and Sixth Schedules

However, following independence, the policy-makers of India decided to replace
the British colonial policy of isolation and non-interference in the affairs of tribal
people. They did so by adopting a policy of integration and development. Keeping
in mind the special needs of numerous ethnic groups in the areas falling under
the fifth and Sixth Schedules, the framers of the Constitution thought of
introducing an administrative mechanism which would ensure the protection of
tribal customs, traditions, culture, religious practices, language, etc. and safeguard
their interests. For this purpose the Constituent Assembly set-up in 1946 an
Advisory Committee on Fundamental Rights, Minorities, and Tribal and Excluded
Areas under the Chairmanship of Sardar Vallabh Bhai Patel. The purpose of the
committee was to advise the Constituent Assembly on framing a suitable scheme
for the administration of tribal and excluded areas. The Advisory Committee in
its meeting on 27 February 1947 decided to constitute two sub-committees—
namely, the Excluded and Partially Excluded Areas (other than Assam) Sub-
Committee headed by A.V. Thakkar and the North-East Frontier (Assam) Tribal
and Excluded Areas Sub-Committee headed by Gopinath Bordoloi—to look into
the affairs and concerns of the tribals. On the recommendations of the above two
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Federalism and sub-committees, the areas predominantly inhabited by tribes in the province other
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than Assam became known as “Scheduled Areas”, whereas, the tribal inhabited
areas in the state of Assam are known as “Tribal Areas”. After a careful study of
the demands and aspirations of the tribes, the two sub-committee realised that
these areas needed protection and safeguard so that they might be able to preserve
their tribal identity and at the same time participate in the political life.

The Sub-Committee for the North-East Frontier Tribal and Excluded Areas are
also known as Bordoloi Sub-Committee (named after its Chairman Gopinath
Bordoloi, a member of the Constituent Assembly, and the then Prime Minister of
undivided Assam) extensively toured the tribal areas of Assam and interacted
with the people and their representatives. The idea behind the visits was to have
a first-hand idea of the grievances and feeling of the tribals and also to investigate
into the causes of backwardness in the area. The Bordoloi sub-committee found
that the people in these tribal areas had traditional self-governing institutions
which functioned democratically and settled disputes according to their customs
and traditions. They were sensitive about their land, forest, lifestyle and traditional
system of justice. The Bordoloi Sub-Committee also observed that within the
Excluded Areas, there are smaller tribes having distinct culture, tradition, language
etc., which needed a special attention for the protection of their ethnic and cultural
identities from the dominant tribal community. Thus, on the recommendations
of the above mentioned two sub-committees, the Constitution Drafting Committee
included the provisions of the Fifth and Sixth Schedules in the draft Constitution
of February 1948 which were later incorporated as special provisions of the
Fifth and Sixth Schedules in the Constitution of India with its commencement
on January 26, 1950.
Check Your Progress Exercise 2
Note: 1) Use the space below for your answers
2) Check your answers with the model answers given at the end of this
unit.
1) What were the reasons for introducing the special provisions for the hill
areas of North-East India?
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12.5 THE FIFTH AND SIXTH SCHEDULES: A

COMPARISON
Although both the areas under the Fifth and Sixth Schedule are inhabited by the
tribals specified as “Scheduled Tribes”, the Constitution of India categorise them
differently viz. Scheduled Areas under the Fifth Schedule and Tribal Areas in the
case of the Sixth Schedule. While provisions under the Fifth Schedule envisage
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the creation of Tribes Advisory Councils, the Sixth Schedule provides for Fifth and Sixth Schedules
Autonomous District Councils or Regional Councilsas institutional mechanisms
for the administration of their respective areas.Tribal Advisory Councils under
the Fifth Schedule are the creation of the State Legislature, whereas, District
Councils or Regional Councils under the Sixth Schedule are the product of the
Constitution, drawing all their powers and functions from the Constitution itself.

District Councils under the Sixth Schedule enjoy extensive powers, including
executive, legislative and judicial powers, all derived from the Constitution. On
the other hand, under the Fifth Schedule, the Tribes Advisory Councils being the
creation of the Legislative Assembly of the States have limited powers which are
mostly executive in nature. Unlike the provisions of the Sixth Schedule,
legislative, judicial, and financial powers are denied to the Fifth Scheduled
Areas. The executive power of the State also extends to the Scheduled Areas.

In financial matters also the Sixth Schedule empowers the District and Regional
Councils to mobilise resources. They are authorized to levy and collect land
revenue and taxes within their respective jurisdiction. Unlike them, the Tribes
Advisory Councils established under the provision of the Fifth Schedule are not
given the financial power for preparing budget for themselves. There is no
mentioning of sources of income or of grant-in-aid in the Fifth Schedule
provisions. However, since District Council or Tribes Advisory Councils are
created by the State Government, it is the moral duty of the State Governments
to give financial assistances to the Councils.

Again, regarding delegation of power, the Sixth Schedule provides a long list of
items on which the District and Regional Councils could exercise its power.
Whereas, the powers and functions which are to be delegated to the Tribes
Advisory Councils in the Fifth Scheduled Areas are minimal and primarily decided
by the State Cabinet. Therefore, the Autonomous District Councils established
under the Sixth Schedule have relatively much more power than the Tribes
Advisory Council under the Fifth Schedule. In fact, the Sixth Schedule is
sometimes referred to as a “mini-constitution” and District and Regional Councils
as ‘mini-state’ or state within a state since they have extensive legislative,
executive, financial, and judicial powers.

12.6 POLITICS RELATING TO THE FIFTH AND

SIXTH SCHEDULES
Despite the existence of special provisions for different areas, there has been
dissatisfaction on their relevance or efficiency in almost all such regions of the
country where such provisions exist. Some oppose these provisions describing
them to be inadequate; others oppose them as unnecessary.

12.6.1 Fifth Schedule

As discussed above, the Fifth Schedule of the Constitution applies to an
overwhelming majority of India’s tribal areas in states other than the North-East.
However, the general impression is that the Fifth Schedule has failed to deliver
its desired impact due various reasons. In fact, the provisions of the Fifth Schedule
have never been applied the way it should have been. There is a clear lack of
interest and pursuit on the part of the State Governments in taking initiatives and
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Federalism and planning for the developmental activities of the tribal areas. In most states,
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Members of the Tribes Advisory Council (TAC) alleged that the State
Governments tend to avoid the views and advice of the TAC on important issues
concerning the tribal interests. They rarely find the opportunity to express their
views and tender advice on matters related to tribal affairs. This absence of
involvement of tribal community stakeholders in the development process and
decision-making has deprived the democratic and constitutional rights of the
tribes. In such a situation, the voice of minority tribes does not get reflected in
the policy implementation.

On the other hand, it has also been observed that there is a clear failure of policy
implementation at the local level. Despite the existence of several provisions in
the Constitution, the role of the Governor has remained very marginal. Though
the Governor is the constitutional head of the state appointed by the Central
Government, under Article 163 of the Constitution, the Governor is bound to
exercise his/her power with the ‘aid and advise’ of the Council of Ministers in
the state government. In such a system, Governors have not exercised any
significant role under the Fifth Schedule and wherever this has been so exercising
it has been on the advice of the Council of Ministers of the State. In other words,
the practice of the Governor is bound by Cabinet decisions and the policy of the
elected government. Lacking in statutory support, the activities of the TACs,
therefore, depend on the political party or parties that run the state administration.

12.6.2 Sixth Schedule

The Sixth Schedule also has its own limitations. The introduction of the
Autonomous District Councils under the Sixth Schedule has weakened the
position and relevance of the traditional structure ruled by the Chiefs and Headmen
in the tribal society. The District Councils being a modern set-up are controlled
by the new generation of leadership confined to a small group of elites. Therefore,
the opposition to the District and Regional Councils came from the tribal society
itself, particularly from the Chiefs and Headmen. The hill tribes with the exception
of those belonging to the Karbi Anglong and North Cachar Hills were never
fully satisfied with the Sixth Schedule. The traditional Chiefs, particularly in the
Lushai and Khasi Hills were opposed to it from the very beginning, as they felt
that it would deprive them their rights and privileges which they enjoyed in the
traditional tribal administrative set-up.
Again, the granting of special provisions to certain tribal groups has led to a
further demand by other groups. This has created a disparity among the people
residing in the area where a particular group has been granted while others have
felt deprived of it. This has resulted to the rise of conflict between different
groups—tribes vs tribes and tribes vs non-tribes. Initially, only two hill districts
of Assam, namely, Karbi Anglong and North Cachar Hills were included under
the Sixth Schedule. However, after the Bodoland Territorial Area District was
brought under the Sixth Schedule by the the Constitution Nineteenth
(Amendment) Act, 2003, the demand for autonomy by other plain tribes of Assam
such as the Misings, the Laiungs (Tiwa) and the Rabhas has increased. The
inclusion of Bodos into the Sixth Schedule has led to a great resentment amongst
these communities as they have already been granted Autonomous Council by
the state government. Similarly, the hill tribes in the state of Manipur have been
demanding for the extension of the Sixth Schedule to the state, although special
administrative provisions are given to them under the Manipur (Hill Areas) District
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Councils Act, 1971. This has sharpened the ethnic divide between the communities Fifth and Sixth Schedules
and erupted violent modes of protests. Meanwhile, several tribal groups and
District Councils have also demanded more autonomy and direct funding from
the central government to strengthen their power and functions. These groups
often resort to violent agitation in support of their demand for special status to
them.

On the other hand, a number of criticisms have been levelled against the
functioning of District and Regional Councils. Some sections of people alleged
that the Autonomous District and Regional Councils are used by some vested
interests. They are also accused of indulging in corruption and misuse of public
funds. Therefore, large sections of the people (mostly non-tribals) have been
questioning the relevance of the Councils from time to time and want revocation
of these special provisions.

12.7 LET US SUM UP

After reading this unit, you must have come to know that there are certain regions
in India, which are governed by special provisions under the Fifth and Sixth
Schedules of the Constitution. These areas are the hill regions of North-East
India, and the tribal inhabited “Scheduled Areas” in the states other than the
North-Eastern states of Assam, Meghalaya, Mizoram and Tripura. The Fifth and
Sixth Schedules of the Constitutions have the special provisions for the
administration of Scheduled Areas and Tribal Areas in the country. These special
provisions are meant to protect the cultural identities and the rights of the tribal
inhabitants of the concerned regions, especially from the encroachment and
cultural, economic and political exploitation by the outsiders. While the provisions
of the Fifth Schedule cover the tribal populated regions of the country known as
Scheduled Areas, and provide protection to them, the Sixth Schedule of the
Constitution provided legislative, administrative, judicial, and financial powers
in the Tribal Areas of Assam, Meghalaya, Mizoram and Tripura through the
Autonomous District Councils and Regional Councils. Therefore, despite the
controversies and loopholes regarding its efficiency as referred earlier, the
provisions of the Fifth and Sixth Schedules have provided constitutional protection
and a fair degree of autonomy to the tribal people in different parts of the country.

12.8 REFERENCES
Bakshi, M. P. (1999). The Constitution of India (with selective comments by the
author). Delhi, India: Universal Law Publishing Company.
Basu, D.D. (1985). Introduction to the Constitution of India. New Delhi, India:
Prentice Hall.
Chakraborty, Kishore Amalendu (2004). The Quest for Identity: Tribal Solidarity
Movements in North-East India, 1947-69, Kolkata, India: The Asiatic Society.
Chaube, K. S. (1999). Hill Politics in North-East India. New Delhi, India: Orient
Longmen.
Mackenzie, Alexander (1884). History of the Relations of the Government with
the Hill Tribes of the North-East Frontier of Bengal, Government of India,
Calcutta.
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Federalism and Ministry of Home Affairs (GOI), (1961). Report of the Commission on Scheduled
Decentralization
Areas and Scheduled Tribes. New Delhi.
The government of India (1971). The Debhar Committee Report of the Scheduled
Areas and Scheduled Tribes, New Delhi.
The government of India (2004). Report of the Scheduled Areas and Scheduled
Tribes Commission. New Delhi.
The Government of India Act, 1935.

12.9 ANSWERS TO CHECK YOUR PROGRESS

EXERCISES
Check Your Progress Exercise 1
1) The Fifth Schedule: Tribal Advisory Council

2) The Sixth Schedule: Autonomous District Councils and Regional Councils

Check Your Progress Exercise 2
1) Preservation of identities of the inhabitants of these regions — cultural,
social and historical, and protection of their political and economic interests.

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