Article 244

Article 244(1) states that the provisions of the Fifth Schedule apply to the administration and control of Scheduled Areas and Scheduled Tribes in any State other than the States of Assam, Meghalaya, Tripura, and Mizoram. This means that for most of India, the Fifth Schedule is the governing framework for tribal areas.

Article 244(2) stipulates that the provisions of the Sixth Schedule apply to the administration of the Tribal Areas in the States of Assam, Meghalaya, Tripura, and Mizoram. These states have a different, more autonomous system of governance for their tribal areas.

The Fifth Schedule allows the Governor of a state with Scheduled Areas to modify or repeal laws made by the Parliament or the State Legislature if they deem it necessary for the peace and good government of the Scheduled Area. This gives the Governor significant power to protect tribal interests.

The Sixth Schedule provides for the creation of Autonomous District Councils (ADCs) in the tribal areas of Assam, Meghalaya, Tripura, and Mizoram. These ADCs have legislative, executive, and judicial powers, allowing them to manage their own affairs to a significant extent. For example, the Bodoland Territorial Council in Assam is an ADC created under the Sixth Schedule.

The ADCs can make laws on subjects like land, forests, water, agriculture, village administration, and inheritance. This allows tribal communities to preserve their traditional customs and practices.

The Governor can appoint a commission to report on the administration of the Scheduled Areas and the welfare of the Scheduled Tribes. This ensures that the state government is regularly informed about the needs and challenges faced by tribal communities.

Parliament has the power to amend the provisions related to Scheduled and Tribal Areas. However, any such amendment that affects the rights of tribal communities is usually done after consultation with tribal representatives and experts.

The Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA) extends the principles of Panchayati Raj to the Scheduled Areas. This empowers village assemblies (Gram Sabhas) to play a crucial role in the governance of their areas, particularly in matters related to land, resources, and development projects. For example, under PESA, Gram Sabhas must be consulted before any mining lease is granted in their area.

The distinction between the Fifth and Sixth Schedules is crucial. The Fifth Schedule provides for greater state control under the Governor, while the Sixth Schedule grants more autonomy to the tribal councils.

A common point of contention is the implementation of laws related to land acquisition in Scheduled Areas. Often, tribal communities are displaced from their ancestral lands for development projects without adequate compensation or rehabilitation. This highlights the challenges in balancing development with tribal rights.

The UPSC examiner often tests the differences between the Fifth and Sixth Schedules, the powers of the Governor and the ADCs, and the role of PESA. They also ask about contemporary issues related to tribal rights and development.

While Article 244 aims to protect tribal interests, its effectiveness depends on the political will of the state governments and the active participation of tribal communities in the decision-making process.