Scheduled and Tribal Areas Article 244 Part X (Related Articles (Article…
Scheduled and Tribal Areas Article 244 Part X
Administration of Scheduled Areas and Tribal Areas
The provisions of the
shall apply to the administration and control of the
Scheduled Areas and Scheduled Tribes
in any State other than the States of Assam, Meghalaya, Tripura and Mizoram.
The provisions of the
shall apply to the administration of the
States of Assam, Meghalaya, Tripura and Mizoram.
were constituted to study the state of administration of the
and submit the reports to President. These Committees were-
(i) UN Dhebhar Committee, 1960 (ii) Dilip Singh Bhuria Committee, 2002
Formation of an autonomous State comprising certain tribal areas in Assam and creation of local Legislature or Council of Ministers or both thereafter...
Parliament may, by law, form within the State of Assam an autonomous State comprising (whether wholly or in part) all or any of the tribal areas as specified-
i) a body, whether elected or partly nominated and partly elected, to function as a Legislature for the autonomous State
ii) a Council of Ministers, or both with such constitution, powers and functions, in each case, as may be specified in the law.
Any law pertaining to above Clause 1, shall specify-
i) specify the matters enumerated in the State List or the Concurrent List with respect to which the Legislature of the autonomous State shall have power to make laws
ii) define the matters with respect to which the executive power of the autonomous State shall extend
any amendment to i) and ii) mentioned in Clause 2 (above) can't be made until passed by 2/3rd of the majority of members of both the houses, present and voting.
No amendment to any of the provisions of Article 244 shall be deemed a Constitutional Amendment Act under Article 368.
These Tribal areas are inhabited by aborigines and thus, special care has to be taken for their overall development.
The state administration machinery doesn't wholly extend to states and Union govt has a special responsibility to take care of these areas.
Scheduled Areas under 5th Schedule
President has the power
an area as a schedule area,
increase and decrease it's area and rescind such declaration
The executive power of the Center extends to giving directions to the state regarding administration of Scheduled Areas and Governor has special responsibility as to furnishing reports of state of administration to these areas to the President at regular intervals.
Every Scheduled Area shall have a
Tribal Advisory Council
that has 20 members, with 15 belonging to scheduled tribes in the state's legislature. A TAC can also be setup in non- scheduled areas, provided President advises it.
The Governor is empowered to direct that any particular act of parliament or state doesn't extend to or extends with slight modifications & exceptions.His regulation my appeal or amend an act of parliament or state that applies to the Scheduled area, provided that it has been assented by President.
Tribal Areas under 6th Schedule
Tribal areas in the 4 states have been constituted as
and they don't fall outside the purview of state administration.
The Governor is empowered to organise and re-organise the autonomous districts
Each Autonomous District shall have a
30- member District Council
. Each District Council shall have
26 members representing Tribal Areas, elected by direct elections
04 members are nominated by Governor
and hold the office during his pleasure.
The District and Regional Councils, within their jurisdiction, can constitute Village Councils or Courts for trials of civil suits. The
jurisdiction of HC over these Village Councils/Courts is decided upon by Governor.
The acts of Parliament and State legislatures don't apply on District Councils or apply with certain modifications.