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Subject: 5th & 6th Schedules

  • With reference to ‘Scheduled Areas’ in India, consider the following statements

    With reference to ‘Scheduled Areas’ in India, consider the following statements :
    1. Within a State, the notification of an area as Scheduled Area takes place through an Order of the President.
    2. The largest administrative unit forming the Scheduled Area is the District and the lowest is the cluster of villages in the Block.
    3. The Chief Ministers of the concerned States are required to submit annual reports to the Union Home Ministry on the administration of Scheduled Areas
    in the States.
    How many of the above statemnents are correct?

  • Consider the following statements about provisions pertaining to SC/STs in India

    Consider the following statements about provisions pertaining to SC/STs in India:
    1. Provisions for Tribal Areas in Assam, Meghalaya, Tripura and Mizoram are in the Fifth Schedule.
    2. Some tribes of India are entitled to exemption from paying Income Tax on certain incomes.
    3. The Constitution provides for reservation of seats in Panchayats for women belonging to SCs and STs.

  • Sixth Schedule of Indian Constitution

    The revival of the demand for two autonomous councils has made political parties and community-based groups call for bringing the entire Arunachal Pradesh under the ambit of the Sixth Schedule or Article 371 (A) of the Constitution.

    Try this question from CSP 2015:

    Q.The provisions in Fifth Schedule and Sixth Schedule in the Constitution of India are made in order to-

    (a) protect the interests of Scheduled Tribes

    (b) determine the boundaries between States

    (c) determine the powers, authority and responsibilities of Panchayats

    (d) protect the interests of all the border States

    What is the Sixth Schedule?

    • The Sixth Schedule consists of provisions for the administration of tribal areas in Assam, Meghalaya, Tripura and Mizoram, according to Article 244 of the Indian Constitution.
    • Passed by the Constituent Assembly in 1949, it seeks to safeguard the rights of the tribal population through the formation of Autonomous District Councils (ADC).
    • ADCs are bodies representing a district to which the Constitution has given varying degrees of autonomy within the state legislature.
    • The governors of these states are empowered to reorganize boundaries of the tribal areas.
    • In simpler terms, she or he can choose to include or exclude any area, increase or decrease the boundaries and unite two or more autonomous districts into one.
    • They can also alter or change the names of autonomous regions without separate legislation.

    Autonomous districts and regional councils

    • The ADCs are empowered with civil and judicial powers can constitute village courts within their jurisdiction to hear the trial of cases involving the tribes.
    • Governors of states that fall under the Sixth Schedule specify the jurisdiction of high courts for each of these cases.
    • Along with ADCs, the Sixth Schedule also provides for separate Regional Councils for each area constituted as an autonomous region.
    • In all, there are 10 areas in the Northeast that are registered as autonomous districts – three in Assam, Meghalaya and Mizoram and one in Tripura.
    • These regions are named as district council of (name of district) and regional council of (name of region).
    • Each autonomous district and regional council consists of not more than 30 members, of which four are nominated by the governor and the rest via elections. All of them remain in power for a term of five years.