Fifth Schedule Areas

The Scheduled Tribes live in contiguous areas unlike other communities. It is, therefore, much simpler to have an area approach for development activities as well as regulatory provisions to protect their interests. To protect the interests of Scheduled Tribes with regard to land and other social issues, various provisions have been enshrined in the Fifth Schedule and the Sixth Schedule of the Constitution.

The Fifth Schedule of the Indian Constitution is a significant provision that deals with the administration and management of Scheduled Areas and Scheduled Tribes where tribal communities are in the majority. Let’s explore its key features:

1. Coverage:
   • The Fifth Schedule applies to specific areas in ten states across India, including Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, and Telangana.
   • These areas are predominantly inhabited by tribal communities.
      
2. Objectives:
   • The primary aim of the Fifth Schedule is to hold the state accountable for advancing the educational and economic well-being of Scheduled Tribes.
   • It ensures that the administration in these regions is sensitive to the unique needs and cultural identity of tribal populations.
      
3. Key Provisions:
   • Tribes Advisory Council:
     • In each state with Scheduled Areas, a Tribes Advisory Council is established.
     • The council consists of representatives, with approximately three-fourths being members of Scheduled Tribes from the Legislative Assembly of the state.
     • The council’s duty is to advise on matters related to tribal welfare and advancement.
     • The Governor may make rules regarding the council’s composition, meetings, and other incidental matters.
        
   • Law Applicable to Scheduled Areas:
     • The Governor has the authority to issue public notifications directing that specific Acts of Parliament or state legislatures do not apply to Scheduled Areas or apply selectively to them.
     • This provision allows for tailored legal measures to address the unique circumstances of tribal regions.