5th and 6th Schedule

5th Schedule : Major Power to President

- Not for Assam, Meghalaya, Tripura and Mizoram
- The Executive Power of States extends to Schedule Areas
- Governor give report to President from time to time and also when required by
President – Executive power giving of directions to the State as to the administration
of the said areas
- Tribes Advisory Council : In Every states having Schedule Areas – Also in any state not
having Schedule areas but having STs
- TAC have 20 members out of which 3/4th Members from ST MLAs of that State - 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
- Governor Make Rules for : Number of Members of Council – Mode of their
Appointment and Mode of Appointment of Chairman and their Officers – Conduct of
its Meeting and Procedure and other Matters also
- Governor also can exempt any law made by Parliament and State legislature from
being Executed in the area or Even Modify the law to be applied there
- Governor also can : Prohibit or Restrict the Transfer of land by or among members of
the Scheduled Tribes in such area - regulate the allotment of land to members of the
Scheduled Tribes in such area - regulate the carrying on of business as money-lender
in the area – While Making any such regulation Governor can Amend or Repeal any
act of Parliament or State Legislature
- All this Regulation only become law after receiving assent from President
- The Schedule area is declared by president – He can also delete any area from
schedule area
- Amendment of 5th Schedule is not CAA
6th Schedule : President Has No Role – Only Governor
- For Administration of Tribal areas of Assam, Mizoram, Tripura and Meghalaya
- Aims to protect the Tribal areas and resources and prohibit the Transfer of such
resources to Non Tribal individuals – To check if the Tribal communities are protected
and their cultural identities are promoted
- Tribal Areas of AMTM are administered as Autonomous districts – If there are
different tribes within the Autonomous districts then the Governor can divide them
as different autonomous Regions
- Governor is Empowered to Organize or Reorganize the Autonomous districts. He can
also increase or decrease the boundaries or alter the Name of any autonomous
districts
- There will be a District council for Each autonomous districts – Not More than 30
Members – 4 Members appointed by Governor – Rest is elected based on adult
suffrage – Regional council for each area for autonomous Region
 - District and Regional Council can Make laws on Land, Management of Forest and
Inheritance of Property Etc - also empowered to make law for the regulations and
control of money-lending or trading by any person other than Scheduled Tribe
residents in that Scheduled District – All Laws must get assent of Governor of that
State
- The District and Regional Council are empowered to constitute the Village and
District Courts for Trial of STs in that districts – HC have jurisdiction over some areas
which was provided by the governor - Council Courts are not given the power to
decide cases involving offenses punishable by death or imprisonment for five or
more years
- They have power to collect the Tax Revenue and impose taxes on Profession, Trade,
Animals and Vehicles, Etc – Have Power to grant license or leases for Extraction of
Minerals
- District Councils and Regional Councils are given the power to establish, construct or
manage primary schools, dispensaries, markets, cattle ponds, fisheries, roads, road
transport and waterways in the districts.
- The Acts of SLA and Parliament do not apply or apply with Certain changes and
Exceptions
- Governor can appoint a commission to investigate and provide a report on any issue
pertaining to the management of the autonomous districts or regions.
Special Provisions of Certain States :
- Indian State has asymmetric federalism means Not all states have Equal Status –
o Art 371 deals with 12 States for Better Governance and Political
administration
o 239A : Deals with Pondy
o 239AA : NCT
- Art 371 for the betterment of Backward regions – No Expiry date – But cease to
operate once the separatist tendency goes down – Maha, Guj, Nagaland, Assam,
Manipur, Sikkim, Mizoram, Arunachal, Andra, Telangana and Karnataka
PESA Act :
- For Tribal self-rule in 5th Schedule areas - Act extended the provisions of Panchayats
to the tribal areas of Fifth Schedule states
o The PESA Act establishes the Gram Sabha, a forum for the participation of the
community in the development process. The Gram Sabha is responsible for
the identification of development projects, the preparation of development
plans, and the implementation of these plans.
o The Act provides for establishing village-level institutions to carry out
development activities and provide basic services to the community. These
institutions include the Gram Panchayat, the Gram Sabha, and the Panchayat
Samiti.
o The PESA legislation gives the Gram Sabha and the Gram Panchayat
significant powers and functions in relation to the management of natural
resources, the protection of the environment, and the regulation of economic
activities.
o According to the Act requires that the Gram Sabha be consulted before any
development projects or activities are undertaken in the Scheduled Areas.
o The Act allows transferring funds to the Gram Sabha and the Gram Panchayat
to enable them to perform their functions.
o The Act provides for the protection of the land rights of the tribal
communities in the Scheduled Areas and requires that their consent be
obtained before any land is acquired or transferred.
o The Act protects the cultural and social practices of the tribal communities in
the Scheduled Areas and prohibits any interference in these practices.