Central Idea

India’s diverse landscape is home to 705 Scheduled Tribe (ST) communities, constituting 8.6% of the nation’s population.
These communities reside across 26 States and six Union Territories.
A crucial constitutional provision, Article 244, governs the administration of Scheduled and Tribal Areas, significantly impacting the lives of STs.

Constitutional Framework for STs

Fifth Schedule (Article 244(1)): This provision applies the Fifth Schedule’s provisions to Scheduled Areas in states other than Assam, Meghalaya, Tripura, and Mizoram.
Sixth Schedule (Article 244(2)): In the mentioned states, the Sixth Schedule governs the administration of Scheduled and Tribal Areas.

Coverage: Scheduled Areas span 11.3% of India’s land area, designated in 10 States: Andhra Pradesh, Telangana, Odisha, Jharkhand, Chhattisgarh, Madhya Pradesh, Rajasthan, Gujarat, Maharashtra, and Himachal Pradesh. Kerala has proposed additional areas for notification, pending government approval.
Exclusions: Despite demands from Adivasi organizations, numerous villages in Scheduled Areas and other regions with ST populations have been excluded from Article 244’s purview. Consequently, 59% of India’s STs lack the rights conferred by Scheduled Areas-related laws.

Bhuria Committee (1995): This committee recommended extending panchayat raj to Scheduled Areas, including the villages, a suggestion yet to be implemented.
Denotification Debate: Some argue for the denotification of parts of Scheduled Areas where non-tribal individuals have increased, citing the absence of viable ST-majority administrative units.

Notification: The President of India designates Scheduled Areas.
Tribal Advisory Council: States with Scheduled Areas must establish a Tribal Advisory Council with up to 20 ST members to advise the Governor on ST welfare matters.
Governor’s Role: The Governor reports annually to the President regarding Scheduled Areas’ administration. They can also repeal or amend laws applicable to the Scheduled Area, regulate tribal land transfer, and control money-lending activities.
Underutilized Provisions: These extensive powers granted to Governors and the President have remained largely inactive, with notable exceptions in Maharashtra from 2014 to 2020.

Exclusive Presidential Power: The Fifth Schedule exclusively grants the President the authority to declare Scheduled Areas.
Empirical Basis: A 2006 Supreme Court ruling upheld the executive function of identifying Scheduled Areas and stated that it lacks the expertise to scrutinize this process.
Criteria: Neither the Constitution nor any law specifies criteria for identifying Scheduled Areas. However, based on the Dhebar Commission Report (1961), key considerations include tribal population predominance, area compactness, administrative viability, and economic backwardness relative to neighboring regions.

PESA Act (1996): The Provisions of the Panchayats (Extension to Scheduled Areas) Act, 1996, empowered gram sabhas within Scheduled Areas, reinvigorating the intent of the Constitution and the Constituent Assembly. This law enabled direct democracy and recognized the gram sabhas as primary authorities.
Village Definition: PESA defines a village as a habitation or group of habitations managed by a community according to traditions and customs. This definition extended beyond Scheduled Areas to forest fringes and villages.
Unresolved Issues: Gram sabhas have yet to demarcate traditional boundaries on revenue lands. FRA 2006 requires the demarcation of “community forest resource” areas within traditional boundaries.

Understanding and expanding Scheduled Areas in India necessitates the notification of all habitations or groups of habitations with ST majorities outside existing Scheduled Areas.
Furthermore, geographical boundaries should encompass “community forest resource” areas where applicable and extend to customary boundaries within revenue lands.
These steps are essential for ensuring equitable governance and preserving the rights and welfare of India’s Scheduled Tribes.