Fifth and Sixth Schedules

Fifth Schedule and Sixth Schedule in the Constitution of India:

Fifth Schedule:

      The fifth schedule of the constitution under Article 244, deals with the “provisions relating to the administration and control of scheduled areas and scheduled tribes”.

      It empowers the President to;

      Increase the area of any Scheduled Area in a state after consultation with the Governor of that state,

      Rescind any order made for the designation of an area in any state to be a Scheduled Area, or make fresh order redefining the area which is to be a Scheduled Area in consultation with the Governor of the State concerned.

      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.

      Ten states have Fifth Schedule Areas, they are: Andhra Pradesh, Telangana, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha and Rajasthan.

      These scheduled areas are inhabited by socially and economically backward ‘aboriginals’ and hence are treated different from other areas as they need special efforts to improve their condition. The central government have greater responsibility for these areas.

 Sixth Schedule:

·         It was passed by the Constituent Assembly in 1949, it seeks to safeguard the rights of tribal populationthrough the formation of Autonomous District Councils (ADC).

·         ADCs are bodies representing a district to which the Constitution has given varying degrees of autonomy within the state legislature.  

·         The governors of these states are empowered to reorganise boundaries of the tribal areas.

·         In simpler terms, she or he can choose to include or exclude any area, increase or decrease the boundaries and unite two or more autonomous districts into one.

·         They can also alter or change the names of autonomous regions without a separate legislation. 

Difference between Fifth Schedule and Sixth Schedule

Ø  Fifth and Sixth Schedules were discussed and passed by Constituent Assembly between September 5-7, 1949.

Ø  These two schedules provide for alternate or special governance mechanisms for certain ‘scheduled areas’ in mainland and certain ‘tribal areas’ in northeastern India.

Ø  The fifth schedule designates Schedule areas in large parts of India in which the interests of the Scheduled Tribes are to be protected. The Scheduled area has more than 50 per cent tribal population.

Ø  The Sixth Schedule is related to the administration of North Eastern states  i.e. the states of Assam, Meghalaya, Tripura and Mizoram in the North-east. It has provisions for the formation of autonomous districts and autonomous regions within the districts as there are different schedule tribes within the district.

Ø  The Fifth Schedule of the Constitution deals with the administration and control of Scheduled Areas as well as of Scheduled Tribes residing in any State other than the States of Assam, Meghalaya, Tripura and Mizoram.

Ø  Tribal habitations in the states of Kerala, Tamil Nadu, Karnataka, West Bengal, Uttar Pradesh and Jammu & Kashmir have not been brought under the Fifth or Sixth Schedule.

Ø  The Sixth schedule lays down a framework of autonomous decentralized governance with legislative and executive powers over subjects like water, soil, land, local customs and culture. These bodies have also been given judicial powers to settle certain types of civil and criminal cases also.

Ø  The councils under the sixth schedule have been given more power than the local governments under the 73rd and 74th amendments in the rest of the country.

Fifth Schedule Areas

o   Notified districts or parts thereof in 10 States: Himachal Pradesh, Rajasthan, Gujarat, Maharashtra, Andhra Pradesh, Telangana, Odisha, Jharkhand, Chhattisgarh and Madhya Pradesh

o   Type of Special Body: (State) Tribes Advisory Council

Sixth Schedule Areas

      Assam: (Tribal Area) North Cachar Hills District & Karbi Anglong District; (Tribal Area) Bodoland Territorial Areas District

      Tripura: (Tribal Area) Tripura State, except Shillong Municipal and Cantonment Area

      Mizorum: (Tribal Area) Chakma District, Mara District & Lai District

      Meghalaya: (Tribal Area): Khasi Hills District, Jaintia Hills District & Garo Hills District

      Type of Special Bodies: Assam: (Autonomous) District Council & (Autonomous) Regional Council; Assam: Bodoloand Territorial Council