Articles 244 and 244A of the Indian Constitution provide a framework for administering Scheduled and Tribal Areas, ensuring the protection of indigenous communities’ rights and cultures.

MEANING, DEFINITION & EXPLANATION

Article 244 addresses the administration of Scheduled and Tribal Areas:

• Article 244(1): Applies the Fifth Schedule to the administration and control of Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram.

• Article 244(2): Applies the Sixth Schedule to the administration of Tribal Areas in Assam, Meghalaya, Tripura, and Mizoram.

Article 244A, introduced by the Twenty-second Amendment Act of 1969, allows for the formation of an autonomous state within Assam’s tribal areas, providing greater autonomy than the Sixth Schedule.

HISTORICAL BACKGROUND / EVOLUTION

The distinct administrative provisions for Scheduled and Tribal Areas stem from the need to protect indigenous communities from exploitation and to preserve their unique cultures.

• The Fifth and Sixth Schedules were incorporated to provide self-governance mechanisms and safeguard tribal interests.

• Article 244A was later introduced to address demands for greater autonomy within Assam’s tribal regions.

LEGAL PROVISIONS / PROCEDURE / SPECIFICATIONS / CRITERIA

FIFTH SCHEDULE (ARTICLE 244(1))

• Scheduled Areas: Regions with a significant tribal population, economic backwardness, and distinct cultural practices.

• Administration: Governors have special responsibilities, including:

  • Submitting annual reports to the President on Scheduled Areas’ administration.
  • Making regulations to:
    • Prohibit or restrict land transfers among Scheduled Tribes.
    • Regulate land allotment to Scheduled Tribes.
    • Control money-lending activities to prevent exploitation.

• Tribes Advisory Council (TAC): Constituted in each state with Scheduled Areas to advise on tribal welfare and advancement.

SIXTH SCHEDULE (ARTICLE 244(2))

• Tribal Areas: Applies to Assam, Meghalaya, Tripura, and Mizoram.

• Autonomous District and Regional Councils: Empowered to:

  • Legislate on specified subjects.
  • Administer justice through traditional courts.
  • Manage land, forests (excluding reserved forests), and water resources.
  • Regulate social customs and tribal laws.

ARTICLE 244A

• Autonomous State Formation: Parliament can create an autonomous state within Assam’s tribal areas, with:

  • A legislature.
  • A Council of Ministers.

• Enhanced Powers: Provides more autonomy than the Sixth Schedule, including control over law and order.

CASE LAWS / PRECEDENTS

• Samatha v. State of Andhra Pradesh (1997):
  The Supreme Court held that government land, tribal land, and forest land in Scheduled Areas cannot be leased to non-tribals or private industries, emphasizing the protection of tribal land rights.

  • Brief Facts: Samatha, a social organization, challenged the state government’s decision to lease tribal lands to private mining companies.
  • Issue Raised: Whether leasing tribal lands to non-tribals violated the Fifth Schedule.
  • Held: Such leases are unconstitutional; tribal lands must be preserved for tribal communities.

• Union of India v. Rakesh Kumar (2010):
  The Supreme Court ruled that state governments must adhere to the Fifth Schedule’s provisions, including obtaining the President’s assent for laws affecting Scheduled Areas.

  • Brief Facts: The validity of certain state laws affecting Scheduled Areas was challenged.
  • Issue Raised: Whether the state laws complied with the Fifth Schedule’s requirements.
  • Held: State laws impacting Scheduled Areas require the President’s assent to be valid.

DOCTRINES / THEORIES

• Doctrine of Protective Discrimination:
  The Constitution provides special provisions for Scheduled and Tribal Areas to protect marginalized communities from exploitation and to promote their welfare.

• Theory of Autonomy:
  Recognizes the need for self-governance in tribal regions to preserve indigenous cultures and practices.

GUIDELINES / RULES / REGULATIONS

• Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA):
  Extends the provisions of Part IX of the Constitution to Scheduled Areas, empowering Gram Sabhas to manage resources and adjudicate disputes.

• Forest Rights Act, 2006:
  Recognizes the rights of forest-dwelling Scheduled Tribes over forest land and resources.

AMENDMENTS / ADDITIONS / REPEALING

• Twenty-second Amendment Act, 1969:
  Introduced Article 244A, allowing for the creation of an autonomous state within Assam’s tribal areas.

STATISTICAL ANALYSIS / DATA ANALYSIS

• Scheduled Areas Coverage:
  Approximately 11.3% of India’s land area is designated as Scheduled Areas, inhabited by various Scheduled Tribes comprising 8.6% of the country’s population.

CRITICISM / APPRECIATION

• Criticism:
  Implementation of protective measures has been inconsistent, leading to continued exploitation and marginalization of tribal communities.

• Appreciation:
  The constitutional provisions acknowledge the unique status of tribal communities and aim to preserve their cultural heritage and provide autonomy.