Fifth Schedule Vs Sixth Schedule | UPSC

Fifth and Sixth Schedules: A Comparison | UPSC

• Context: The people of Ladakh are demanding the inclusion of the Union Territory under the Sixth Schedule of the Constitution.
• The Sixth Schedule of India’s Constitution protects tribal populations and provides autonomy to communities to frame laws on land, public health, agriculture, etc.

Analysis

Background

• According to the Census 2011, out of the total population of Ladakh nearly 80% are tribals. The Union Territory has a majority Buddhist population, with a sizeable Muslim population in Kargil.
• Ladakh was previously protected under Article 370, but the Indian government’s revocation of Jammu and Kashmir’s special status removed the provisions for Ladakh as well. Ladakh became a Union Territory.
• In August, 2019, the special status of former State of Jammu & Kashmir under Article 370 was revoked by the Parliament, and the State was bifurcated into two Union Territories — J&K and Ladakh, the latter without a Legislative Assembly.
• Notably, no region outside the Northeast has been included in the Sixth Schedule.
  • • In fact, even in Manipur, which has predominantly tribal populations in some places, the autonomous councils are not included in the Sixth Schedule.
    • Nagaland and Arunachal Pradesh, which are totally tribal, are also not in the Sixth Schedule.
• For tribal areas in the rest of the country, there is the Fifth Schedule in the Constitution of India.

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Special system of administration for Scheduled Areas and Tribal Areas

• 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.
• Article 244 in Part X of the Indian 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 applies to the administration and control of the Scheduled Areas and Scheduled Tribes in any states other than the four North-Eastern states of Assam, Meghalaya, Tripura and Mizoram.
• Whereas, as per Article 244(2), the tribal-dominated areas in the 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.
• 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.

The Fifth Schedule

• Under Article 244(1) of the Constitution, the provisions of the Fifth Schedule applies to the administration and control of the Scheduled Areas and Scheduled Tribes in any state other than the State of Assam, Meghalaya, Tripura, and Mizoram.
• The principal objective of these specific provisions 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 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 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.
    • The Fifth Schedule assigns special responsibilities to the Governors for ensuring peace and good governance in the Scheduled Areas.

a) Criteria for the Scheduled Area

• The criteria for the declaration of any area as a Scheduled Area under the Fifth Schedule 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.

b) Tribes Advisory Council

• 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.
• 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.

The Sixth Schedule

• Considering the distinct life and outlook of the tribals in the North-East, 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 determines the area or areas as administrative units of the Autonomous Districts and Autonomous Regions.
• 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.
• 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).

Fifth Schedule Vs Sixth Schedule

• Although both the areas under the Fifth and Sixth Schedule are inhabited by the tribals specified as “Scheduled Tribes”, the Constitution of India categorises 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 the creation of Tribes Advisory Councils, the Sixth Schedule provides for Autonomous District Councils or Regional Councils as 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.
• 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.

Practice Question:

Q . What are the key distinctions between the Fifth and Sixth Schedules of the Indian Constitution regarding the governance of scheduled areas?

Introduction:

The Fifth and Sixth Schedules of the Indian Constitution were enacted to safeguard the rights and interests of tribal communities inhabiting certain regions of India. While both schedules focus on the governance of scheduled areas, they differ significantly in their scope, applicability, and provisions.

Key Distinctions:

Scheduled Areas Vs Tribal Areas:

• Although both the areas under the Fifth and Sixth Schedule are inhabited by the tribals specified as “Scheduled Tribes”, the Constitution of India categorises them differently viz. “Scheduled Areas” under the Fifth Schedule and “Tribal Areas” in the case of the Sixth Schedule.

Governance Structure:

• While provisions under the Fifth Schedule envisage the creation of Tribes Advisory Councils, the Sixth Schedule provides for Autonomous District Councils or Regional Councils as 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.

Scope of Power and Functions

• 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.

Difference in Financial Matters

• 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.

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Delegation of Power

• 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.

 Conclusion:

In conclusion, while both the Fifth and Sixth Schedules aim to protect the interests of tribal communities, their differences in applicability, governance structure, and resource management highlight the nuanced approach adopted by the Indian Constitution to address the diverse needs of indigenous populations across different regions.