India is home to more than seven hundred Scheduled Tribes. Many of them live in forests and hills, with their own customs, land systems and ways of self-rule. To protect them, the Constitution gives special arrangements for the areas where they live. These are in the Fifth Schedule and the Sixth Schedule. Exams ask about which States are covered, the role of the Governor, Tribes Advisory Councils and Autonomous District Councils. This post explains them in simple words. It ends with 15 previous year questions.
Key Points (Quick Revision)
- Article 244(1) and the Fifth Schedule deal with Scheduled Areas in most States.
- Article 244(2) and the Sixth Schedule deal with tribal areas of Assam, Meghalaya, Tripura and Mizoram.
- The President declares an area to be a Scheduled Area.
- Fifth Schedule States have a Tribes Advisory Council.
- Sixth Schedule areas have Autonomous District Councils with law-making powers.
1. Why special provisions?
Tribal communities often depend on land and forests for their living. Under normal laws, outsiders could buy their land, lend money at high interest or take over forests. The makers of the Constitution wanted to:
- Protect tribal land and resources.
- Respect their customs and traditional institutions.
- Bring development without forcing change on them.
So the Constitution created two systems - a lighter one in the Fifth Schedule and a more autonomous one in the Sixth Schedule.
2. The Fifth Schedule
The Fifth Schedule applies to Scheduled Areas and Scheduled Tribes in States other than Assam, Meghalaya, Tripura and Mizoram.
- The President can declare an area to be a Scheduled Area, and can increase, decrease or change it after consulting the Governor.
- The Governor sends a report on the administration of Scheduled Areas to the President, every year or when asked.
- The Union can give directions to the State about the administration of these areas.
Scheduled Areas exist in ten States: Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan and Telangana.
3. Tribes Advisory Council and the Governor's powers
Every State with Scheduled Areas must have a Tribes Advisory Council (TAC). The President may also ask for one in a State that has Scheduled Tribes but no Scheduled Areas.
- It has up to 20 members.
- About three-fourths of them must be Scheduled Tribe members of the State Legislative Assembly.
- It advises on the welfare and advancement of Scheduled Tribes.
The Governor has special powers in Scheduled Areas:
- He or she can direct that an Act of Parliament or the State shall not apply, or shall apply with changes, in a Scheduled Area.
- He or she can make regulations for peace and good government, such as banning the transfer of tribal land to outsiders and controlling money-lending. These need the President's assent, after consulting the TAC.
The PESA Act, 1996 (Panchayats Extension to Scheduled Areas) extended panchayats to Fifth Schedule areas and gave the Gram Sabha a strong role over land, forest produce and local resources.
4. The Sixth Schedule
The Sixth Schedule applies to the tribal areas of four north-eastern States: Assam, Meghalaya, Tripura and Mizoram. It is based on the advice of the Bordoloi Committee of the Constituent Assembly.
These areas are run as autonomous districts. Each has an Autonomous District Council (ADC):
- An ADC has up to 30 members - up to four nominated by the Governor and the rest elected by adult franchise.
- Elected members serve for five years.
- If an autonomous district has different tribes, the Governor can divide it into autonomous regions, each with a Regional Council.
- The Governor can create new autonomous districts and change their boundaries.
5. Powers of Autonomous District Councils
- Law-making - on land, forests (other than reserved forests), canals, shifting cultivation, village and town administration, inheritance, marriage, divorce and social customs. These laws need the Governor's assent.
- Judicial - can set up village councils and courts to hear disputes between tribal members.
- Financial - can collect land revenue and some taxes, and run schools, dispensaries, markets and roads.
Acts of Parliament or the State Legislature may not apply, or apply with changes, in these areas, as decided by the Governor or the President.
There are ten Autonomous District Councils under the Sixth Schedule - three in Assam (including the Bodoland Territorial Council), three in Meghalaya, one in Tripura and three in Mizoram.
6. Fifth vs Sixth Schedule
| Point | Fifth Schedule | Sixth Schedule |
|---|---|---|
| Article | 244(1) | 244(2) and 275(1) |
| Area | Scheduled Areas in ten States | Tribal areas of Assam, Meghalaya, Tripura and Mizoram |
| Main body | Tribes Advisory Council (advisory) | Autonomous District Council (elected, with law-making power) |
| Degree of autonomy | Lower - State government runs the area | Higher - councils make their own laws on many subjects |
| Key role | Governor's regulations, President declares areas | Governor creates districts and assents to council laws |
7. Current issues
- Many tribal groups have asked for Sixth Schedule status for their areas, such as in Ladakh and parts of Manipur. These demands are under discussion; check the latest news.
- Questions remain on how well PESA has been implemented, since several States were slow to make rules under it.
- Councils often face shortage of funds and overlap of powers with the State government.
8. Previous year questions
- Which Article deals with the administration of Scheduled Areas? – Article 244(1)
- The Sixth Schedule applies to which four States? – Assam, Meghalaya, Tripura and Mizoram
- Who declares an area to be a Scheduled Area? – The President
- What is the maximum strength of a Tribes Advisory Council? – 20 members
- What share of TAC members must be ST members of the State Assembly? – About three-fourths
- Who reports to the President on the administration of Scheduled Areas? – The Governor
- Whose assent is needed for the Governor's regulations in Scheduled Areas? – The President
- Which Act extended panchayats to Fifth Schedule areas? – PESA Act, 1996
- Which committee's advice led to the Sixth Schedule? – Bordoloi Committee
- What is the maximum strength of an Autonomous District Council? – 30 members
- How many members of an ADC can the Governor nominate? – Up to four
- What is the term of elected members of an ADC? – Five years
- Who can create a new autonomous district? – The Governor
- How many Autonomous District Councils are there under the Sixth Schedule? – Ten
- Which council in Assam is a Sixth Schedule body? – Bodoland Territorial Council
9. How to revise this topic
Start with the Articles: 244(1) Fifth Schedule, 244(2) and 275(1) Sixth Schedule.
Next, fix the States: Sixth Schedule - Assam, Meghalaya, Tripura, Mizoram; Fifth Schedule - ten States from Andhra Pradesh to Telangana.
Then learn the bodies: Tribes Advisory Council up to 20 members, three-fourths ST MLAs; Autonomous District Council up to 30 members, four nominated, five-year term.
Finally, remember the link laws: PESA 1996 for Fifth Schedule areas, Bordoloi Committee for the Sixth Schedule, and ten ADCs in all.
10. Frequently Asked Questions
What is the Fifth Schedule?
The Fifth Schedule, under Article 244(1), deals with the administration and control of Scheduled Areas and Scheduled Tribes in States other than Assam, Meghalaya, Tripura and Mizoram.
What is the Sixth Schedule?
The Sixth Schedule, under Article 244(2) and 275(1), provides for autonomous districts with elected Autonomous District Councils in the tribal areas of Assam, Meghalaya, Tripura and Mizoram.
What is a Tribes Advisory Council?
It is a council of up to 20 members, about three-fourths of whom are Scheduled Tribe members of the State Assembly. It advises on the welfare of Scheduled Tribes in Fifth Schedule States.
How is an Autonomous District Council formed?
An ADC has up to 30 members. Up to four are nominated by the Governor and the rest are elected by adult franchise for five years.
What is the main difference between the Fifth and Sixth Schedules?
The Sixth Schedule gives much more autonomy, with elected councils that make laws on land, forests and customs. The Fifth Schedule relies on the Governor and an advisory council, with the State government running the area.
For more Polity topics in simple language, see our Schedules of the Constitution, Panchayati Raj and National Commissions for SC, ST and OBC posts, or browse the Polity section. Preparing for a civil services exam? Start with the UPSC Civil Services guide or join the 100 Hour GS Course.