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Difference between Scheduled Areas and Tribal Areas - The Fifth and Sixth Schedules of the Constitution

Last Updated on Jul 05, 2023
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India is a diverse country with different regions where tribal communities live. These places are known as "Scheduled Areas." The Indian Constitution protects the rights and interests of tribal communities. The law about Scheduled Areas is in the Fifth Schedule of the Indian Constitution. It tells how these areas should be managed and governed. It makes sure that tribal communities are taken care of and that their rights are protected.

Tribal communities in Scheduled Areas have special rights. They can own land, protect their culture, and have a say in decisions about using resources. They can govern themselves through district councils.

Understanding the difference between Scheduled Areas and Tribal Areas is crucial. It helps us know how the government protects tribal communities and their way of life. It is a part of the Indian Polity subject in the Mains General Studies Paper-II syllabus. It is also a part of the General Studies Paper-1 of the UPSC Prelims Syllabus.

In this article, we shall study the difference between Scheduled Areas and Tribal Areas in detail, as required for the UPSC exam. The UPSC aspirants can take the help of Testbook's UPSC CSE Coaching. You can also study other important topics related to UPSC IAS Exams with Testbook!

Click on this link to download the Polity Notes for UPSC!

What are Scheduled Areas?

Scheduled Areas are specific regions in India identified as areas requiring special attention. These areas also require protection due to the presence of tribal communities. 

  • Scheduled Areas are the regions where the socially and educationally disadvantaged 'Aboriginals' reside. These areas are identified as needing special attention and protection.
  • The tribal communities have unique cultures and ways of life that need to be preserved. The creation of Scheduled Areas safeguards the rights and interests of these communities.
  • The President of India identifies these areas on the recommendation of the Governor of the State concerned.
  • The central government has a direct role in the administration of Scheduled Areas.
  • The Indian Constitution provides special provisions to protect the communities in these areas. These provisions include the following:
    • restrictions on land transfers and 
    • regulations for the governance of Scheduled Areas.
  • The government aims to promote the development and well-being of tribal communities living in these areas.
  • Policies are implemented to improve education, healthcare, and infrastructure. 
    • Special programs providing livelihood opportunities in Scheduled Areas are also implemented.
  • Local self-governance bodies are known as Gram Sabhas. They play an important role in decision-making and development activities in these areas.
  • By designating certain regions as Scheduled Areas, the government aims to uplift tribal communities. It respects their unique identities and cultural heritage. 
    • It ensures that they have a fair share in the development of the country.

Click on this link to download the notes on Scheduled Tribes for UPSC!

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What is the Fifth Schedule?

The Fifth Schedule of the Constitution of India gives the list of areas that have been identified as being inhabited by Scheduled Tribes. It provides for provisions to be made for the administration and control of these areas. 

Here are some of the key features of the Fifth Schedule:

  • The Fifth Schedule protects the rights and interests of tribal communities living in these areas.
  • It ensures that these communities have a say in decision-making in the governance of their areas.
  • It empowers the Governor of the state to make regulations for the governance of these areas.
    • The regulations cover aspects such as land, forests, and the welfare of these communities.
  • It provides for the establishment of local self-governance bodies called Gram Sabhas.
    • Gram Sabhas can make decisions on matters affecting the community and its resources.
  • The Fifth Schedule lists the following special provisions:
    • The governor of the state concerned has the power to make regulations for the governance of the Scheduled Areas.
    • He can appoint a Tribes Advisory Council to advise the government on matters relating to these areas.
    • The Fifth Schedule prohibits the alienation of land in Scheduled Areas without the permission of the government.

Click on this link to download the notes on the National Commission for Scheduled Castes (NCSC) for UPSC!

What are Tribal Areas?

Tribal areas are specific regions where tribal communities live. These areas are inhabited by indigenous people having unique cultures, traditions, and ways of life.

  • They often have a strong connection to the land and natural resources in these areas.
  • Each of the communities has their own languages, customs, and traditional practices. These distinguish them from other communities.
  • Tribal areas need special attention to preserve the rights and interests of tribal communities.
    • The Indian government has implemented special provisions and laws for this purpose. These laws safeguard the welfare and development of tribal communities in these areas.

Click on this link to download the notes on the National Commission for Scheduled Tribes (NCST) for UPSC!

What is the Sixth Schedule?

The Sixth Schedule provides special provisions for the administration and governance of tribal areas in northeastern states. It specifically applies to tribal areas in Assam, Meghalaya, Tripura, and Mizoram. The Sixth Schedule aims to protect the rights of tribal communities living in these areas. It contains provisions to preserve their distinct cultures.

Here are some of the key features of the Sixth Schedule:

  • It is a list of autonomous districts and regions in the below northeastern states:
    • Assam, Meghalaya, Tripura, and Mizoram.
  • The governor can establish Autonomous District Councils in the Scheduled Areas.
  • The ADCs have the power to make laws on matters relating to the following:
    • Land, forests, education, health, and other matters.
  • It also provides for the establishment of Regional Councils in Scheduled Areas.
  • The aim of these special provisions is to give the tribal people a greater degree of self-government.
  • The Sixth Schedule ensures the participation of tribal communities in decision-making processes. It allows them to preserve their identity and promote their development.
  • The district councils have the authority to manage and control the resources and institutions within the tribal areas.

Click on this link to download the notes on the Seventh Schedule of the Indian Constitution for UPSC!

Schedule & Tribal Areas – Fifth Schedule and Sixth Schedule of the Constitution 

The Fifth and Sixth Schedules aim to protect the rights of the tribal communities. They provide special provisions for their governance and development.

Schedule

Description

Applicability

Fifth Schedule

The provisions pertaining to the administration and governance of Scheduled and Tribal Areas in the states are detailed in this schedule. 

This Schedule is applicable for all states except for the four northeastern states listed below:

  • Assam
  • Meghalaya
  • Tripura
  • Mizoram

Sixth Schedule

This schedule specifically addresses the administration and control of scheduled and tribal areas in four northeastern states which are not covered by the Fifth Schedule:

Applicable to the four northeastern states not covered by the Fifth Schedule:

  • Assam
  • Meghalaya
  • Tripura
  • Mizoram

Click on this link to download the notes on the Tribal Uprisings in British India for UPSC!

Article 244 and Article 244 A of the Indian Constitution 

The below table gives information on articles 244 and 244 A of the Indian Constitution:

Article

Article 244

Article 244A

Subject

Administration of Scheduled Areas.

Formation of an autonomous state in Assam.

Scope

Applies to certain states.

Applies specifically to Assam.

Provision

Provides for the administration of Scheduled Areas.

Provides for the formation of an autonomous state within Assam.

Purpose

To protect the rights of tribal communities residing in Scheduled Areas.

To grant more autonomy and self-governance to the people of Assam.

Structure of Governance 

Involves the establishment of autonomous district councils and regional councils.

Involves the formation of an autonomous state government.

Legislative Powers

The councils have the power to make laws on specified matters within their jurisdiction.

The autonomous state has the power to make laws on specified matters within its jurisdiction.

Click on this link to download the notes on the Tribal Paintings in India for UPSC!

Conclusion

Understanding the difference between Scheduled Areas and Tribal Areas is significant. It helps us know how the Constitution protects the rights of tribal communities. Scheduled Areas are places where tribal communities live. They get special protection under the Constitution. Tribal Areas are places where tribal communities live. But they may not have the same amount of protection as Scheduled Areas. The government ensures that tribal communities in Scheduled Areas have rights to their land. It helps in preserving their culture, being part of decision-making, and governing themselves. We should respect and value the different cultural heritage of tribal communities. We have to work towards their well-being and development all across the country.

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Difference between Scheduled Areas and Tribal Areas FAQs

The Parliament of India has the authority to change the boundary of a Scheduled Area. They can do this by enacting new laws.

The law for Scheduled Areas is in the Fifth Schedule of the Indian Constitution. This law is about how Scheduled Areas are managed and governed. It focuses on protecting the rights of tribal communities living in these areas.

Tribal communities in Scheduled Areas can own and sell land. They can involve in decisions about using resources & govern themselves through district councils.

Yes, there are special rules to help develop Scheduled Areas. These rules include the following: Setting up funds for the welfare of tribal communities, giving them seats in local government, and so on.

District and regional councils manage the scheduled areas. These councils can make laws and take care of everything. But the Governor and President will have some control.

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