The Fifth Schedule of the Indian Constitution

In a forest village in Odisha, a trader offers to buy a family’s land. In most places that is just a sale. In a Scheduled Area it can be illegal. The Fifth Schedule exists for this reason. It gives tribal regions a shield, held by the Governor of the state.

1What is the Fifth Schedule, and which article starts it?

• Article 244(1) brings the Fifth Schedule into force.
• It sets up a special system for Scheduled Areas and Scheduled Tribes.
• It covers states other than Assam, Meghalaya, Tripura and Mizoram. Those four have the Sixth Schedule.
• Both Schedules exist to protect the interests of Scheduled Tribes.
• The idea is old. The Government of India Act, 1935 had “excluded” and “partially excluded” areas for tribal regions.
• The Constitution kept the thought but changed the method. It gave tribal areas their own protective rules inside a federal system.

2Which ten states have Scheduled Areas?

The list runs from Rajasthan in the west to Telangana in the south.

• Ten states have Scheduled Areas.
• They are Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan and Telangana.
• Scheduled Areas cover roughly 11% of India’s land area.
• Not every district of these states is a Scheduled Area. Only the areas the President notifies count.
• So one state may have both Scheduled Areas and ordinary areas.

3Who declares and runs a Scheduled Area?

• The President declares which areas are Scheduled Areas. This is done under paragraph 6, after consulting the state’s Governor.
• The President can also change a Scheduled Area. The area can be made larger or smaller, its boundaries changed, or the status removed.
• The Governor runs the area. No elected council takes over.
• The state government does not lose its executive power there.
• The Governor sends the President a report on the area’s administration.
• Inside a Scheduled Area, the units run from the District down to a cluster of villages in a Block.
• The Centre can also give directions to a state about running these areas.
• This shows the Fifth Schedule is a shared system. The state, the Governor and the Union all play a part.

4What can the Governor do about land and laws?

The Governor holds two strong tools. One is about laws. The other is about land and money.

• The Governor can say that a central or state law will not apply in a Scheduled Area.
• Or the law can apply with changes that suit tribal needs.
• The Governor can make regulations to stop the transfer of tribal land to non-tribals.
• The same goes for land allotment and for money-lending.
• Money-lending matters because debt often pushes tribal families to sell their land.
• These regulations need the President’s assent before they take effect.
• In Samatha v. State of Andhra Pradesh (1997), the Supreme Court struck down mining leases given to non-tribal companies on such land.

5What does the Tribes Advisory Council do?

• Every Fifth Schedule state must have a Tribes Advisory Council.
• It has up to 20 members. About three-fourths must be Scheduled Tribe members of the state legislature.
• It advises the Governor on tribal welfare and advancement. It does not decide.
• The Governor may also ask it for advice on other matters sent to it.
• A state that has Scheduled Tribes but no Scheduled Areas can also have one, if the President directs.

6What is PESA, 1996?

• The Panchayats (Extension to Scheduled Areas) Act, 1996 is called PESA.
• It takes Panchayati Raj into Fifth Schedule areas.
• It follows the report of the Bhuria Committee.
• PESA is a central law. But the states must write rules to put it to work.
• It covers things like minor forest produce, local markets and village resources.
• It gives the Gram Sabha a strong say over land, water and local resources.
• PESA has been slow in practice. Madhya Pradesh notified its full PESA rules only in 2022.
• So the law is on paper, but its effect varies from state to state.

7How is the Fifth Schedule different from the Sixth?

• The idea has roots in the 1935 Act, which had “excluded” and “partially excluded” areas.
• The Fifth Schedule keeps power with the Governor. The Sixth Schedule hands power to elected councils.
• That is why the Sixth Schedule gives a stronger feeling of self-rule.
• Use one test. If the option mentions an elected council, think Sixth Schedule.

8What are the exam traps on the Fifth Schedule?

• Trap 1: the Fifth Schedule covers the Northeast. It does not.
• Trap 2: the Governor declares Scheduled Areas. The President does.
• Trap 3: an elected council runs the area. The Governor does.
• Trap 4: the Governor cannot restrict land transfer. The Governor can.
• Trap 5: the state government loses its executive power there. It does not.

9How has the Fifth Schedule been asked in exams?