GS Paper 2

POLITY
th
Schedule 5 and 6th

Dr. Shruti Joshi

Article 244 in Part X of the
Constitution envisages a special system
of administration for certain areas
designated as:

TRIBAL AREAS--- om 6th Schedule

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SCHEDULED AREAS--5th Schedule deals with gadministration m of tribal
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deals with administration and control areasyain da states of ATMM*.
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of scheduled areas and scheduled tribes ym25
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in any state except ATMM*. f or
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ATMM- Assam, Tripura, Meghalaya
and Mizoram.
(I) ADMINISTRATION OF SCHEDULED AREAS—5th Schedule

1) The term scheduled areas in the context of our constitution demarcates the area
where the tribal population is concentrated.
2) The areas inhabited by the socially and educationally backwardm ‘Aboriginals’ are
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called Scheduled Areas. @
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3) Part 10 of the Indian Constitution entails hthe 25
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for
Tribal Areas with Articles 244 – 244 A. On l y

4) Declaration of Scheduled Areas:The President is empowered to declare an area to

be a scheduled area. He can also increase or decrease its area, alter its boundary lines,
in consultation with the Governor.
5) Criteria for the declaration of the Scheduled Area:
✔ Prominent numbers of tribal population, i.e. when tribal people are in majority in an
area
✔ Compactness and reasonable size of the area
✔ A viable administrative entity such as a district, block or taluk, and
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Economic backwardness of the area as compared to theailneighbouring areas.
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6) Executive Power of State and Centre: @
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• Executive power of a State extends to the Oscheduled
n areas therein.

• Governor has to submit a report to the President regarding the administration of such areas,
annually or whenever so required by the President.

• Executive power of the Centre extends to giving directions to the states regarding the
administration of such areas.
7) Tribes Advisory Council:

• Each state having scheduled areas has to establish a tribes advisory council.

• It is to consist of 20 members, 3/4 th of whom are to be the representatives of the scheduled

tribes in the state legislative assembly.
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8) Law applicable to Scheduled Area: gm
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• Governor is empowered to direct that any
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or particular act of Parliament or the State
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Legislature does not apply to a scheduled area or apply with specified modifications and
exceptions.

• He can also make regulations for the peace and good governance of a scheduled area after
consulting the tribes advisory council.
(II) ADMINISTRATION OF TRIBAL AREAS---6th Schedule

The Constitution, under Sixth Schedule, contains special provisions for the
administration of tribal areas in the four north-eastern states of Assam, Meghalaya,
Tripura and Mizoram. co
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THE VARIOUS FEATURES OF ADMINISTRATION
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SIXTH SCHEDULE: ly f
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1)The tribal areas in the four states of Assam, Meghalaya, Tripura and Mizoram have
been constituted as autonomous districts. But they do not fall outside the executive
authority of the State concerned.

2)Governor is empowered to organize and reorganize the autonomous districts.

 3) Rationality: Tribes in AMTM have not assimilated much with the majority and still
have their roots in their own culture, customs etc.
• The tribal areas of AMTM are considered
as Autonomous Districts:
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But they do not fall outside the executive ail.
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authority of the state concerned. cya
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✔ Assam – Karbi Anglong, 2 Kachari, O nly
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Bodoland, Dima Hasao, Rabha Hasong, Mishing, Tiwa, Deori

✔ Meghalaya – Garo, Khasi, Jaintia,
✔ Tripura: Hill dist,
✔ Mizoram – Chakma, Mara, Lai.
4) If there are different tribes in an autonomous district, the governor can divide the district
into several autonomous regions.

5) Each autonomous district has a district council consisting of 30 members, 4 nominated by

the Governor and the remaining 26 are elected on the basis om of adult franchise. Each
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autonomous region also has a separate regional council. Governor @
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and reorganize the autonomous districts. d
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• ly f five years and nominated members hold office
The elected members hold office for termOnof
during the pleasure of the governor.

6)District and Regional Councils has some legislative + judicial functions with the assent of
President.
7) The laws related to the following can be made by the regional and autonomous councils with
the assent of the governor:
✔ Land
✔ Forests
✔ Canal water
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✔ Shifting cultivation co
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✔ Village administration v@
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✔ Inheritance of property m25
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✔ Marriage and divorce Only

✔ Social customs
8)The district and regional councils can constitute village councils or courts for trial
of suits and cases between the tribes. They hear appeals from them. The jurisdiction
of high court over these suits and cases is specified by the government.
9)The district council can establish, construct or manage primary schools,
dispensaries, markets, ferries, fisheries, roads and so on in the
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district.
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10) The district and regional councils are empowered v@
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revenue and to impose certain specified taxes.hym25c
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11)The acts of Parliament or the state legislature do not apply to autonomous districts
and autonomous regions or apply with specific modifications and exceptions.

12)The Governor can appoint a commission to examine and report on any matter
relating to the administration of the autonomous districts or regions.
Fifth Schedule of the Indian Constitution Sixth Schedule of the Indian Constitution
Basis---
1) Andhra, Telangana, Jharkhand, Chattisgarh, 1) Assam,Meghalaya, Tripura, Mizoram.
Odisha, HP, MH, MP, GJ, RJ. Note: Any States
except Assam, Meghalaya, Tripura, Mizoram. m
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5th Schedule 6th Schedule
Declaration---
2) By President- can decrease, increase, alter its 2) By Governor- empowered to organize, re
boundary lines, in consultation with the organize autonomous districts.
Governor. co
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3) Executive power--- hy
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States executive power extends to those areas. The tribal areas in the four states have been
Centre extends to giving directions to the States. constituted as autonomous districts. But they do
not fall outside the executive authority of the State
concerned.
5th Schedule 6th Schedule
4) Applicability of law--- 4) Acts of Parliament or the State Legislature do not
apply to autonomous districts and autonomous
Governor is empowered to direct that any
regions or apply with specific modifications and
particular act of Parliament or the State Legislature
exceptions
does not apply to a scheduled area or apply with
specified modifications and exceptions [Link]
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5) Administration--- da
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Tribal Advisory Council m2
5) District Councils or Regional Councils.
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6)Autonomy---
6) Greater autonomy compared to 5th Schedule.
• Panchayats (Extension to Schedule Areas) act
Autonomous District Councils (ADC) have much
1996.
wider powers vis-à-vis Tribes Advisory Councils.
• Self- governance through Gram Sabha for
people living in 5th Schedule Areas.
5th Schedule 6th Schedule
7) Emphasis— 7) More on self governance.
More on protection of tribal rights.
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8) PESA Act for
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8)Not Applicable
Applicable
Context: Jan 2023----Recently a high-powered committee has been formed in the Union
Territory of Ladakh.
Need for the committee:
∙ There has been increasing demand for the inclusion of Ladakh under the 6th schedule.
NCST Recommendation: om
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∙ The National Commission for Scheduled Tribes da
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the Union Territory (UT) of Ladakh be included 5c in the Sixth Schedule of the
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Constitution. l y for
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•Ministry of Home Affairs argued that granting sixth schedule status to Ladakh necessitates a
constitutional amendment, a complex process.
•During a meeting with Ladakh representatives, the union home minister proposed extending
Article 371-like protections to the region.
Reasons behind the demand:

∙ It is estimated that more than 90% of Ladakh’s population is tribal. The

primary Scheduled Tribes (STs) in Ladakh are Balti Beda,omBot (or Boto), Brokpa (or
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Drokpa, Dard, Shin), Changpa, Garra, Mon and [Link]
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∙ The Ladakh region has several distinct n ly f cultural heritages by communities such
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as Drokpa, Balti and Changpa, among others, which need to be preserved and promoted.

Ques/- Analyse the issue regarding the inclusion of Ladakh in the Sixth schedule.
Issues related to sixth schedule areas

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Conclusion

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Practice Question

Q/- It is said that Sixth schedule has been successful in protecting the tribal culture and
inclusivity. Critically Analyse.
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UPSC Mains question
Q/-To what extent, in your opinion, has the decentralisation of power in India
changed the governance landscape at the grassroots? (150 words, 2022)

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 Question Explanation
1) International Relations (IR) is all about
1) Consider the following statements :
understanding how countries cooperate, compete,
342(1) states that the President may with respect to any State or Union
and
1. manage
It is the Governortheir
of therelationships
global onand
the
Territory,stage.
State who recognizes and where it is a State, after consultation with the Governor
declares any community of that State as a Scheduled thereof, by a public notification, specify the tribes or tribal communities or
Tribe. part of or groups within tribes or tribal communities as Scheduled Tribe in
relation to that State or Union Territory as the case may be. Hence,
2. A community declared as a Scheduled Tribe in a State statement 1 is not correct.
need not to be so in another State. om
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Clause (2) of the Article d342 av empowers the Parliament to pass a law to
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Which of the statements given above is/are correct ? (a) include in or exclude25from the List of Scheduled Tribes, any tribe or tribal
1 only (b) 2 only (c) Both 1 and 2 (d) Neither 2 nor 2 community or rparts y m of these. The List of Scheduled Tribes is State/UT
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specific and af ocommunity declared as a Scheduled Tribe in a state need not
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be so in another state/UT. Hence, statement 2 is correct.
Option B
 Question Explanation
1) International Relations (IR) is all about understanding how countries cooperate, compete,
2) With reference to 'Scheduled Areas' in India, consider Statement 1 is correct: As per the Indian Constitution (Part C of the Fifth
and
the manage
following their relationships on the global
statements: Schedule),stage.
the expression Scheduled Areas means such areas as the
President may by order declare to be Scheduled Areas.
1. Within a State, the notification of an area as
Scheduled Area takes place through an Order of the Statement 2 is correct: The largest administrative unit forming the
President. scheduled areas has been the district and the lowest the cluster of villages
in the block. om
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2. The largest administrative unit forming the gm
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Scheduled Area is the District and the lowest is the da
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cluster of villages in the Block. Statement 3 is not25correct: The governor of the state has a special
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responsibility regarding m such scheduled areas. He has to submit a report to
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3. The Chief Ministers of the concerned States are the president f orregarding the administration of such areas, annually or
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required to submit annual reports to the Union whenever Onso required by the president. Thus only two statements are
Home Ministry on the administration of Scheduled correct. Hence option (b) is the correct answer.
Areas in the States.

How many of the above statements are correct? (a) Only

one (b) Only two (c) All three (d) None
(2023)

Option B
 Question Explanation
1) International Relations (IR) is all about understanding how countries cooperate, compete,
3) If a particular area is brought under the Fifth Schedule The Indian Constitution provides autonomy to tribal areas in matters of
ofand manage their
the Constitution of India,relationships on the global
which one of the following governancestage.
under the Fifth and Sixth Schedules, which is further fortified
statements best reflects the consequence of it? by the Samatha v. State of Andhra Pradesh & Ors (1997) judgment where
the Supreme Court declared that the transfer of tribal land to private
(a) This would prevent the transfer of land of tribal parties for mining was null and void under the Fifth Schedule.
people to non tribal people.
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Special Provisions for Fifth [Link]:co -
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(b) This would create a local self-governing body in that✔ The Union Government shallghave executive powers to give directions to
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area. the States as to the administrationv@ of the Scheduled Areas.
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✔ Provision for establishment c y of a Tribes Advisory Council (TAC) in any
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(c) This would convert that area into a Union Territory. y
State having rScheduled
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✔ The Governor f o may make regulations:
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(d) The State having such areas would be declared a Onor restrict the transfer of land by or among members of the
# prohibit
special Category State. Scheduled tribes in such area;
#regulate the allotment of land to members of the STs in such area;
# regulate the carrying on of business as money-lender by persons who
2022 lend money to members of the STs in such area.
Option A
At present, 10 States namely Andhra Pradesh, Chhattisgarh, Gujarat,
Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha,
Rajasthan and Telangana have Fifth Scheduled Areas.
 Question Explanation
1) International Relations (IR) is all about understanding how countries cooperate, compete,
4) At the national level, which ministry is the nodal
Ministry of Tribal Affairs is the nodal agency at the national level to ensure
and manage
agency their implementation
to ensure effective relationshipsglobal on the
effective stage.
of the implementation of the Scheduled Tribes and Other Traditional
Scheduled Tribes and Other Traditional Forest Dwellers
Forest Dwellers (Recognition of Forest Rights) Act, 2006. An Act to
(Recognition of Forest Rights) Act, 2006? recognize and vest the forest rights and occupation in forest land in forest
dwelling Scheduled Tribes and other traditional forest dwellers who have
(a) Ministry of Environment, Forest and Climate Chang been residing in such forests for generations but whose rights could not be
(b) Ministry of Panchayati Raj recorded. It provides a framework for om
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(c) Ministry of Rural Development and the nature of evidence required gm for such recognition and vesting in
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(d) Ministry of Tribal Affairs respect of forest land. d a
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Option D
Prelims Questions

1)The provisions in the Fifth Schedule and Sixth Schedule in the Constitution of India are
made in order to (UPSC 2015)
(a) protect the interests of Scheduled Tribes m
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(b) determine the boundaries between States gm
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(c) determine the powers, authority and responsibilities
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(d) protect the interests of all the border StatesOnly

Answer: A
2)Which of the following provisions of the Constitution of India have a bearing on
Education?
Directive Principles of State Policy
Rural and Urban Local Bodies
Fifth Schedule m
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Sixth Schedule gm
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Seventh Schedule m25
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Select the correct answer using the codes given
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(a) 1 and 2 only

(b) 3, 4 and 5 only
(c) 1, 2 and 5 only
(d) 1, 2, 3, 4 and 5
Answer: C
Previous years UPSC Mains questions
Q/-Assess the importance of the Panchayat system in India as a part of local
government. Apart from government grants, what sources the Panchayats can
look out for financing developmental projects? (15)2018 m
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Q/-The local self government system in India has not proved to be effective
instrument of governance”. Critically examine the statement and give your views
to improve the situation. (150 words) 2017

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