TRIBAL COUNCIL

Subject: Polity

Context: Gorkhaland Janmukthi Morcha (GJM) delegation to union minister meeting demands separate state.

Concept:

Gorkhaland consists of Nepali-speaking people of Darjeeling, Kalimpong, Kurseong and other hilly districts of West-Bengal. The people belonging to these areas have ethical, cultural and language differences with the Bengali community of West-Bengal. It is scheduled area under fifth schedule of Indian constitution.

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

The two schedules entail the details about the control and management of the Scheduled and Tribal Areas:

The Scheduled and Tribal Areas are dealt with two articles:

Note: Article 339 of the Indian Constitution mentions the Union government’s control over the Scheduled Areas administration and welfare of the Scheduled Tribes

Definition of Scheduled and Tribal Areas

The areas inhabited by the socially and educationally backward ‘Aboriginals’ are called Scheduled Areas.

Quick Facts about Scheduled Areas

Part 10 of the Indian Constitution entails the provisions related to Scheduled and Tribal Areas with Articles 244 – 244 A.

President is empowered to declare an area as Scheduled Area

With the consultation of the governor of the state, the President can alter, add, diminish the boundary of a Scheduled Area

Both the Centre and the State have their roles to play in the administration of the Scheduled areas. While the governor of the state has to report annually to the President over the management of such area, the Centre gives directions to the state regarding the administration of such areas.

A tribal advisory council is a must for the states having scheduled areas

It has 20 members (Three-Fourth of which are Scheduled Tribes’ representatives in that state legislative assembly.)

The power to decide whether any central or state legislation implies over the state having scheduled areas, lies in the hands of the Governor.

Governor can also repeal or amend any regulations w.r.t to the state having scheduled areas but only with the assent of the President of India

The first commission to report on the administration and welfare of the Scheduled Areas was established in 1960 and was headed by UN Dhebar

There are 10 states having scheduled areas:

Andhra Pradesh

Chhattisgarh

Gujarat

Himachal Pradesh

Jharkhand

Madhya Pradesh

Maharashtra

Odisha

Rajasthan and

Telangana

Criteria for the declaration of the Scheduled Area:

Prominent numbers of tribal population, i.e. when tribal people are in majority in an area

Compactness and reasonable size of the area

A viable administrative entity such as a district, block or taluk, and

Economic backwardness of the area as compared to the neighbouring areas.

Quick Facts about Tribal Areas

Sixth Schedule mentions the provisions related to the tribal areas of the four states – Assam, Meghalaya, Tripura and Mizoram

Sizeable amount of autonomy has been given to the people belonging to the tribal areas of these four states to govern themselves

The tribal areas in these four states come under the name of ‘Autonomous Districts,’ but the state still has its executive authority over them

The power to organise and reorganise the tribal areas as autonomous districts lie with the governor of the state. He can also alter the name, boundary of such tribal areas.

One autonomous district can have different tribes, which for better administration is divided into autonomous regions by the governor

There is a district council for each autonomous district:

It has 30 members

Four are nominated by the governor – They perform their duties during the pleasure of the governor

26 are elected using the adult franchise – Their term of office is five years.

There is a separate regional council for each autonomous district

The laws related to the following can be made by the regional and autonomous councils with the assent of the governor:

Land

Forests

Canal water

Shifting cultivation

Village administration

Inheritance of property

Marriage and divorce

Social customs

The territorial jurisdictions of autonomous and regional councils may or may not have village councils and courts of trials of suits to mend issues rising between tribes. Such cases can also be taken over by the High Court but only after being specified by the governor.

The central and state acts do not apply to these autonomous and regional councils (unless modified and accepted.)

The tribal areas in the four states are given below: