The Executive power of the Union shall extend to giving directions to the respective States regarding the administration of the Scheduled Areas. These local level institutions include the Gram Panchayats, the Anganwadis child nutrition centresthe health sub-centres, schools, ration shops, etc.
State legislation to be in conformity with customary law, social and religious practices, and customary modes of dispute resolution: Dhebar was appointed inwhich submitted its report in However, it was provided that Panchayati Raj may be made applicable to Scheduled Areas if Parliament by a law provides "for such a law subject to such exceptions and modifications as may be specified in such law, and no such law shall be deemed to be an amendment of this Constitution for the purposes of article The elected members of the district council hold office for a term of five years and nominated member hold office at the pleasure of the governor.
The governor of each state having scheduled areas annually, or whenever required by the president, make a report to the president regarding the administration of the scheduled areas in that state. The onus was on the State legislatures to make laws which were compliant with the spirit of self governance in PESA.
Any such law as is referred to in clause 1 may, in particular: A major reason behind this is to get more Central allocations from the Ministry of Urban Development.
PESA defines a village as a "habitation or a group of habitation Scheduled areas and tribal areas a hamlet or a group of hamlets comprising a community and managing its affairs in accordance with traditions  ".
The Inner Lines Regulation exists for three states, i. In fact, in the Indian Forest Act, in Section 2 7 bamboo has been defined as a tree. This implies that any state subject law which may be against provision of PESA, automatically is deemed null and void in the eyes of the law.
The former were not represented in the legislature of Assam though they were located in the province of Assam. Power to prevent land alienation and restore illegally alienated land In view of the historical fact of massive land alienation from tribal to non-tribal persons the gram sabhas have been given the power of preventing land alienation.
Also a section of the non-tribals have been seeking the removal of the Autonomous District Councils. Right to be consulted before land acquisition Land acquisition, especially in Scheduled Areas has been a vexed question in India for very long.
Administration of Tribal Areas The Sixth Schedule of the constitution provides special provisions for the administration of the tribal areas in Assam, Meghalaya, Tripura and Mizoram.
Governor may by public notification direct that any particular Act of Parliament or of the Legislature of the State shall not apply to a Scheduled Area or shall apply to a Scheduled Area subject to such exceptions and modifications.
Hence there is some overlapping of ownership rights, and clarity on such issues is possible only after the Indian Forest Act and other related Acts are amended to accommodate the provisions of PESA.
In most of the state laws high value MFPs like bamboo and tendu were not in the list of minor forest produce. Current Tribal Advisory Councils Declaration of scheduled areas The scheduled areas can be declared by President by order.
Besides, there is no clear demarcation of the jurisdiction of the ADCs, which result in overlapping of the jurisdiction of the ADCs, state legislature and the village councils.
President can also increase or diminish the area, re-draw its boundary lines, revoke status etc. However, since they are established for protection of the tribals and aboriginals, the most basic critera is preponderance of tribal population in those areas.
Worse, they are doing so without providing alternative protective provisions to the municipal areas.
Governor can also make rules for the better management of peace and good governance in such areas. In Assam, Tripura and Mizoram, the autonomous councils have power to decide if a State legislation on subject matters under the autonomous councils should apply to their territories or not Issues Conflict of interest between District councils and state legislatures As Part 12 A of Sixth schedule in case of conflict laws of state legislature will prevail i.
The main provisions are as follows: The councils under the sixth schedule have been given more power than the local governments under the 73rd and 74th amendments in the rest of the country i.
Notwithstanding anything in this Constitution, Parliament may, by law, form within the State to Assam an autonomous State comprising whether wholly or in part all or an, of the tribal areas of the Sixth Schedule and create therefore Article A i A body, whether elected or partly nominated and partly elected, to function as a Legislature for the autonomous State, [Article A 1 a ] or ii A Council of Ministers, [Article A 1 b ] or both with such Constitution, powers and functions, in each case, as may be specified in the law.
Estimated receipts and expenditure pertaining to autonomous districts has to be shown separately in the annual financial statement of the state. Using these rights in consonance with FRA, more than Gram Sabhas in Gadchiroli have exercised for the first time their rights over bamboo and more than have exercised their rights over tendu and earned income ranging from 10 lakh to 80 lakh per Gram Sabha, leading to a positive impact in the Left-Wing Extremist LWE affected district.
This step is significant as it ensures a greater degree of democratic decentralization in such areas. But the Governor of state has special responsibility regarding the administration of such areas. The Constitution of India provides for uniform rule over the whole country but certain regions of the country are governed by special provisions.
Administration of Tribal Areas The Sixth Schedule of the constitution provides special provisions for the administration of the tribal areas in Assam, Meghalaya, Tripura and Mizoram. An act of parliament or of the legislature of the state does not apply to a autonomous districts and autonomous regions or apply with specified exceptions and modifications.
In the tribal areas in the country were divided into partially excluded areas Areas where tribals lived along with the locals. But the need to retain the distinctness of this region was recognised by providing special provisions regarding their governance.
The provision lays down the responsibility on the Governor to ensure that laws that are contrary to the interests of Scheduled Areas may be suitably modified.Scheduled and Tribal Areas.
Article in the Constitution speaks about the administration of Scheduled Areas and Tribal Areas. The provisions of the Fifth Schedule shall apply to the administration and control of the Scheduled Areas and Scheduled Tribes in Meghalaya, Tripura and Mizoram.
The Provisions of the Panchayats (Extension to Scheduled Areas) Act, or PESA is a law enacted by the Government of India for ensuring self governance through traditional Gram Sabhas for people living in the Scheduled Areas of India. Scheduled Areas are areas identified by the Fifth Schedule of the Constitution of India.
SANCHIT KINGER Scheduled Areas and Tribal Areas. SANCHIT KINGER Article in Part X-Provision for Schedules Areas and Tribal Areas The Fifth Schedule of the Constitution deals with the administration and control of scheduled areas and scheduled tribes in any state except the four states of Assam,Meghalaya, Tripura and Mizoram.
The Provisions of the Panchayats (Extension to Scheduled Areas) Act, or PESA is a law enacted by the Government of India for ensuring self governance through traditional Gram Sabhas for people living in the Scheduled Areas of India.
Scheduled Areas are areas identified by the Fifth Schedule of the Constitution of India. Scheduled Areas and Tribal Areas: Scheduled Tribes live in contiguous areas unlike other communities.
It is, therefore, much simpler to have an area-approach for development activities and also regulatory provisions to protect their interests.
Thus, presently the Tribal Sub-Plan areas (Integrated Tribal Development Projects/Integrated Tribal Development Agency areas only) are coterminous with Scheduled Areas in the States of Bihar, Gujarat, Himachal Pradesh, Madhya Pradesh, Maharashtra, Orissa and Rajasthan.Download