Fifth Schedule of the Constitution of India: Administration and Control of Scheduled Areas and Scheduled Tribes
The Fifth Schedule, read with Article 244(1) of the Constitution of India, provides the constitutional framework for the administration and control of Scheduled Areas and Scheduled Tribes in States to which the Schedule applies. It deals with State executive power, reports by Governors, Tribes Advisory Councils, special application of laws, Scheduled Areas and amendment of the Schedule.
Meaning and scope of the Fifth Schedule
Article 244(1) provides that the provisions of the Fifth Schedule apply to the administration and control of Scheduled Areas and Scheduled Tribes in States other than Assam, Meghalaya, Tripura and Mizoram. Those four States are dealt with separately under the Sixth Schedule framework for specified tribal areas.
Scheduled Areas are areas that the President may declare to be Scheduled Areas by order under paragraph 6 of the Fifth Schedule. The President may also make constitutionally permitted changes to such areas, including increasing an area after consultation with the Governor of the State concerned.
The Fifth Schedule gives a special constitutional role to the Governor and provides for a Tribes Advisory Council. It also enables special treatment of legislation in Scheduled Areas and regulations for peace and good government, including measures concerning tribal land and money-lending.
Part A - General
1. Interpretation
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 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 extends to giving directions to the State as to the administration of those 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 tribes.
(2) It shall be the duty of the Tribes Advisory Council to advise on such matters pertaining to the welfare and advancement of the Scheduled Tribes in the State as may be referred to them by the Governor.
(3) The Governor may make rules prescribing or regulating, as the case may be: (a) the number of members of the Council, the mode of their appointment and the appointment of the Chairman of the Council and of the officers and servants thereof; (b) the conduct of its meetings and its procedure in general; and (c) all other incidental matters.
5. Law applicable to Scheduled Areas
(1) Notwithstanding anything in the 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 subject to such exceptions and modifications as specified in the notification. A direction under this sub-paragraph may be given retrospective effect.
(2) The Governor may make regulations for the peace and good government of any area in a State which is for the time being a Scheduled Area. In particular, such regulations may: (a) prohibit or restrict the transfer of land by or among members of the Scheduled Tribes in such area; (b) regulate the allotment of land to members of the Scheduled Tribes in such area; and (c) regulate the carrying on of business as money-lender by persons who lend money to members of the Scheduled Tribes in such area.
(3) In making a regulation referred to in sub-paragraph (2), the Governor may repeal or amend any Act of Parliament or of the Legislature of the State or any existing law which is for the time being applicable to the area in question.
(4) All regulations made under this paragraph shall be submitted forthwith to the President and, until assented to by the President, shall have no effect.
(5) No regulation shall be made under this paragraph unless the Governor making the regulation has, where there is a Tribes Advisory Council for the State, consulted such Council.
Part C - Scheduled Areas
6. Scheduled Areas
(1) In the Constitution, the expression "Scheduled Areas" means such areas as the President may by order declare to be Scheduled Areas.
(2) The President may at any time by order: (a) direct that the whole or any specified part of a Scheduled Area shall cease to be a Scheduled Area or a part of such an area; (aa) increase the area of any Scheduled Area in a State after consultation with the Governor of that State; (b) alter, but only by way of rectification of boundaries, any Scheduled Area; (c) on any alteration of the boundaries of a State or on the admission into the Union or establishment of a new State, declare any territory not previously included in any State to be, or to form part of, a Scheduled Area; and (d) rescind, in relation to any State or States, any order or orders made under this paragraph and, in consultation with the Governor of the State concerned, make fresh orders redefining the areas which are to be Scheduled Areas. Such an order may contain incidental and consequential provisions appearing to the President to be necessary and proper. Save as provided in paragraph 6, an order made under sub-paragraph (1) shall not be varied by a subsequent order.
The Ministry of Tribal Affairs publishes information on declaration of Scheduled Areas, including relevant Presidential orders and constitutional material. Its official material explains that the constitutional definition is based on a Presidential order under paragraph 6(1) and that changes contemplated by paragraph 6(2) are made in accordance with the constitutional process.
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 the Constitution shall be construed as a reference to such Schedule as so amended.
(2) No such law as is mentioned in sub-paragraph (1) shall be deemed to be an amendment of the Constitution for the purposes of Article 368.
Official constitutional and Scheduled Area resources
For the authoritative constitutional text and current government material, refer to the Legislative Department - Constitution of India and the Ministry of Tribal Affairs - Constitutional and Legal Matters. These external official links are provided in the article body and are not included in the website navigation menu.
Legal information page. For an authoritative text, always verify the latest official Constitution of India publication and applicable Presidential orders or notifications.