The Constitution does not treat every Indian the same on paper — for tribal areas it created a special machinery of protection. Article 244 is the doorway to that machinery, splitting tribal administration between the Fifth and the Sixth Schedules.
CONSTITUTION OF INDIAArticle 244
“
The provisions of the Fifth Schedule shall apply to the administration and control of the Scheduled Areas and Scheduled Tribes in any State other than Assam, Meghalaya, Tripura and Mizoram. … The provisions of the Sixth Schedule shall apply to the administration of the tribal areas in the States of Assam, Meghalaya, Tripura and Mizoram.
Article 244(1) governs Scheduled Areas (Fifth Schedule); 244(2) governs tribal areas in the four North-east states (Sixth Schedule).
mcqquestion.com · Indian Polity🏔️ Exam Edge
🏔️ Article 244: Tribal Areas
The doorway to the Fifth and Sixth Schedules that protect tribal communities.
244(1)Scheduled Areas under the Fifth Schedule
244(2)Tribal Areas under the Sixth Schedule
ProtectionLaws shielding tribal land and customs
GovernorReports on Scheduled Areas each year
CouncilsSixth Schedule creates Autonomous District Councils
ExamFifth = mainland states; Sixth = four North-east states
💡The trap: Do not confuse the Schedules: the Fifth is for mainland Scheduled Areas, the Sixth for the four North-east tribal areas.
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Must Know
The Two Schedules of Article 244
- 244(1)The Fifth Schedule applies to Scheduled Areas and Scheduled Tribes in states other than the four North-east states.
- 244(2)The Sixth Schedule applies to tribal areas in Assam, Meghalaya, Tripura and Mizoram.
- Why splitThe North-east’s tribal areas are home to distinct communities with autonomous traditions, so they needed a stronger, council-based scheme.
- MechanismScheduled Areas are declared by the President; tribal areas under the Sixth Schedule are notified areas under the Constitution.
- So whatEvery question on tribal administration starts with deciding which Schedule governs the area.
Fifth vs Sixth Schedule
- FifthScheduled Areas in mainland states — administered by the Governor with a Tribes Advisory Council.
- SixthTribal Areas in the four North-east states — administered by Autonomous District and Regional Councils.
- PowersSixth Schedule councils legislate on land, forests, and local customs; the Fifth gives the Governor regulation power.
- PESA 1996The Panchayats (Extension to Scheduled Areas) Act, 1996, extends panchayat powers to Fifth Schedule areas.
- ExamADC = Sixth Schedule; Tribes Advisory Council = Fifth Schedule — a classic pairing.
Good to Know
How Scheduled Areas Are Declared
- PresidentThe President declares an area a Scheduled Area, after receiving the Governor’s report.
- GovernorThe Governor must annually report on the administration of Scheduled Areas to the President.
- Tribes Advisory CouncilStates with Scheduled Tribes but no Scheduled Areas must have a Tribes Advisory Council (advising the Governor) — set up at the Governor’s discretion.
- MechanismThe Fifth Schedule gives the Governor power to make regulations on land transfer, money-lending, and property in Scheduled Areas.
- So whatKnow who declares, who reports, and who regulates — those are the tested roles.
✅ Test Yourself
Work through a 5-question chain on Article 244, then keep practising with a random Indian Polity question.
Great to Know
The Story of Tribal Self-Government
- Colonial rootsBritish rule treated tribal areas specially in the excluded and partially excluded areas — a scheme the framers inherited and constitutionalised.
- 1947The Constituent Assembly split the Fifth (Scheduled Areas) and Sixth (tribal areas) Schedules to protect communities differently.
- Why the North-eastThe Khasi, Garo, Mizo, Naga and other communities had ‘district’ traditions of self-rule, so the Sixth Schedule built on them with Autonomous Councils.
- 1996 PESAPESA extended panchayati raj to Fifth Schedule areas with special safeguards for tribal self-governance.
- So whatThe story explains the design: one Schedule for regulation (Fifth), one for self-government (Sixth).
PYQ / Exam Angle
CDS II 2016: Which States Under the Sixth Schedule
- QuestionCDS and other competitive exams ask which States the Sixth Schedule covers. Correct answer: Assam, Meghalaya, Tripura and Mizoram.
- WhyArticle 244(2) restricts the Sixth Schedule to these four North-east states.
- LinkSource: CDS II 2016 (see Q113).
CDS II 2018: Which Schedule Creates ADCs
- QuestionCDS and other competitive exams ask which Schedule provides for Autonomous District Councils. Correct answer: the Sixth Schedule.
- WhyThe Sixth Schedule establishes Autonomous District and Regional Councils; the Fifth does not.
- LinkSource: CDS II 2018 (see Q85).
CDS II 2019: The Fifth Schedule Trap
- QuestionCDS and other competitive exams ask which statement about the Fifth Schedule is not correct — including the Governor’s power to make regulations on land.
- WhyThe Governor is authorised to regulate land transfer and money-lending in Scheduled Areas, so a statement denying it is wrong.
- LinkSource: CDS II 2019 (see Q47).
CDS I 2023: Who Sets Up the Tribes Advisory Council
- QuestionCDS and other competitive exams ask who may set up a Tribes Advisory Council. Correct answer: the Governor.
- WhyUnder the Fifth Schedule, the Governor may direct the formation of a Tribes Advisory Council in a State with Scheduled Tribes but no Scheduled Areas.
- LinkSource: CDS I 2023 (see Q74).
Current Affairs / So What
Tribal Welfare Today
- DevelopmentScheduled Tribe status claims and Fifth/Sixth Schedule area notifications keep appearing in the news.
- Why it mattersThe Schedules decide who gets special protections, which land is protected, and how tribal areas self-govern.
- So whatArticle 244 is the legal lens for almost every tribal-rights story you read.
Beyond the answer
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