ADMINISTRATION OF SPECIAL AREAS
The 5th and 6th Schedules of the Indian Constitution are special provisions that deal with the administration of scheduled areas and tribal areas in India.
The 5th Schedule deals with scheduled 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 percent tribal population. The President of India can declare any area as a scheduled area by issuing a notification.
The 6th Schedule is related to the administration of tribal areas in the states of Assam, Meghalaya, Tripura and Mizoram. It has provisions for the formation of autonomous districts and autonomous regions within the districts as there are different schedule tribes within the district.
The objective of both the schedules is to protect the interests of the Scheduled Tribes and to provide them with a degree of autonomy in the administration of their areas.
Here is a table that summarizes the key differences between the 5th and 6th Schedules:
| Feature | 5th Schedule | 6th Schedule |
|---|---|---|
| Areas covered | Large parts of India | Assam, Meghalaya, Tripura and Mizoram |
| Tribal population | More than 50% | More than 50% |
| Declaration of scheduled areas | By the President of India | By the Governor of the state |
| Autonomous bodies | None | Autonomous District Councils and Regional Councils |
| Powers of autonomous bodies | Limited | More extensive |
2.Fifth Schedule
The Fifth Schedule deals with the administration and control of Scheduled Areas. Scheduled Areas are specific regions in several states of India that are inhabited predominantly by tribal communities. The primary objective of the Fifth Schedule is to safeguard the rights and promote the welfare of these tribal populations. Key features of the Fifth Schedule include:
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Governor's Responsibility: The administration of Scheduled Areas is vested with the Governor of the concerned state. The Governor has a special responsibility for these areas and must ensure the protection of the rights and interests of the tribal communities.
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Tribal Advisory Council (TAC): The Governor is required to set up a Tribal Advisory Council (TAC) for each Scheduled Area or tribal region. The TAC advises on matters related to the welfare and development of the tribal population.
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Land Ownership: The Fifth Schedule provides for the regulation of the transfer of land in Scheduled Areas to prevent alienation of tribal land to non-tribals. It also aims to restore alienated land to the tribal communities.
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Panchayats: The Panchayats (local self-governance institutions) in the Scheduled Areas have special powers and functions to ensure local governance and autonomy.
3.Sixth Schedule
The Sixth Schedule deals with the administration of tribal areas in the states of Assam, Meghalaya, Tripura, and Mizoram. These areas are known as Autonomous Districts and Autonomous Regions. The primary objective of the Sixth Schedule is to provide a degree of autonomy to tribal communities in these regions. Key features of the Sixth Schedule include:
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Autonomous District Councils (ADCs): Each Autonomous District has its own Autonomous District Council (ADC) that acts as a self-governing body for the region. The ADCs have legislative and executive powers to manage local affairs, including land, forests, and customary laws.
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Tribal Customary Laws: The Sixth Schedule provides for the protection and continuation of tribal customary laws and practices.
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Financial Administration: The ADCs have the power to administer their finances, including preparation of budgets and collection of certain taxes.
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Governor's Role: The Governor of the state has the power to appoint the members and the chairman of the ADCs
Here are the key provisions and implications of Article 370:
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Autonomous Status: Article 370 recognized Jammu and Kashmir as a "special category" state and allowed it to have its own constitution, flag, and autonomy over internal matters.
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Dual Citizenship: Under Article 370, the residents of Jammu and Kashmir had dual citizenship, one as an Indian citizen and the other as a citizen of the state.
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Limitations on Central Laws: Most provisions of the Indian Constitution did not automatically apply to Jammu and Kashmir. For any law passed by the Indian Parliament to be applicable to the state, the President of India had to issue a specific notification after consulting with the state's government.
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Separate Laws: Jammu and Kashmir had its own separate laws related to citizenship, property rights, and fundamental rights. Additionally, the state had its own flag and its own constitution.
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No Right to Information Act: The Right to Information Act, which applies to the rest of India, was not applicable to Jammu and Kashmir. The state had its own Right to Information Act
Here are the key differences between the pre-abrogation and post-abrogation constitutional provisions:
Pre-Abrogation (Before August 5, 2019):
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Article 370: Jammu and Kashmir had special autonomous status under Article 370. It allowed the state to have its own constitution, separate flag, and considerable autonomy over internal matters.
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Dual Citizenship: The residents of Jammu and Kashmir had dual citizenship - one as Indian citizens and another as citizens of the state.
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Separate Laws: The state had its own separate laws related to citizenship, property rights, and fundamental rights. The Central laws applied to the state only if the President of India issued a specific notification after consulting with the state government.
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Right to Information Act: The Right to Information Act did not apply to Jammu and Kashmir. The state had its own Right to Information Act.
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Special Provisions: The state enjoyed certain special provisions related to property rights, employment, and other areas under Article 35A of the Indian Constitution.
Post-Abrogation (After August 5, 2019):
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Abrogation of Article 370: The special status of Jammu and Kashmir was revoked, and Article 370 was effectively abrogated through a Presidential Order and Parliament's approval.
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Union Territories: The state of Jammu and Kashmir was reorganized into two separate Union Territories - Jammu and Kashmir (with its own Legislative Assembly) and Ladakh (without a Legislative Assembly).
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Application of Central Laws: After the abrogation of Article 370, all the provisions of the Indian Constitution became applicable to Jammu and Kashmir. The state no longer had its separate constitution, and the Indian laws applied uniformly across the territory.
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No Dual Citizenship: After the abrogation, the concept of dual citizenship for the residents of Jammu and Kashmir was no longer applicable. They are now only Indian citizens.
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Right to Information Act: The Right to Information Act became applicable to Jammu and Kashmir after the abrogation.
