FIFTH SCHEDULE CONSTITUTION OF INDIA 1949
Provisions as to the Administration and Control of Scheduled Areas and Scheduled Tribes
PART A GENERAL
In this Schedule, unless the context otherwise requires, the expression ‘State’ does not include the States of Assam , Meghalaya, Tripura and Mizoram.
2. Executive power of a State in Scheduled Areas.
Subject to the provisions of this Schedule, the executive power of a State extends to the Scheduled Areas therein.
3. Report by the Governor to the President regarding the administration of Scheduled Areas.
The Governor of each State having Scheduled Areas therein shall annually, or whenever so required by the President, make a report to the President regarding the administration of the Scheduled Areas in that State and the executive power of the Union shall extend to the giving of directions to the State as to the administration of the said areas.
PART B ADMINISTRATION AND CONTROL OF SCHEDULED AREAS AND SCHEDULED TRIBES
4. Tribes Advisory Council.
(1) There shall be established in each State having Scheduled Areas therein and, if the President so directs, also in any State having Scheduled Tribes but not Scheduled Areas therein, a Tribes Advisory Council consisting of not more than twenty members of whom, as nearly as may be, three-fourths shall be the representatives of the Scheduled Tribes in the Legislative Assembly of the State:
Provided that if the number of representatives of
the Scheduled Tribes in the Legislative Assembly of the
State is less than the number of seats in the Tribes
Advisory Council to be filled by such representatives, the
remaining seats shall be filled by other members of those
5. Law applicable to Scheduled Areas.
(1) Notwithstanding anything in this Constitution, the
Governor may by public notification direct that any
particular Act of Parliament or of the Legislature of the
State shall not apply to a Scheduled Area or any part
thereof in the State or shall apply to a Scheduled Area or
any part thereof in the State subject to such exceptions and
modifications as he may specify in the notification and any
direction given under this sub-paragraph may be given so as
to have retrospective effect.
PART C SCHEDULED AREAS
6. Scheduled Areas.
(1) In this Constitution, the expression ‘Scheduled
Areas’ means such areas as the President may by order2
declare to be Scheduled Areas.
PART D AMENDMENT OF THE SCHEDULE
7. Amendment of the Schedule.
(1) Parliament may from time to time by law amend by way
of addition, variation or repeal any of the provisions of
this Schedule and, when the Schedule is so amended, any
reference to this Schedule in this Constitution shall be
construed as a reference to such Schedule as so amended.