Fifth and Sixth Schedules were discussed and passed by Constituent Assembly between September 5-7, 1949. These days are remembered by tribal rights activists every year. The two schedules remain probably, the most enigmatic segments of the Constitution of India. Constitutional authorities, judiciary, bureaucrats, journalists and academia alike are ignorant about factual realities on these two schedules, as evident from passionate yet factually incorrect writings that keep appearing in dailies, magazines and journals.
These two schedules provide for alternate or special governance mechanisms for certain 'scheduled areas' in mainland and certain 'tribal areas' in northeastern India. Normative legislative-executive and judicial authority for States and Union Territories in India are provided for in Parts 11-12 and Chapter 5 of Part 6 respectively.
Somewhat different mechanisms were provided for tribal zones in the Constitution due to their political significance, and these have changed a great deal over time. Ironically, when a deeper understanding (and empirical analysis) of these provisions is called for in view of existential crisis of tribes and ecological crisis for India, very little is understood or attempted to understand.
Down To Earth is aware of this knowledge-gap, especially when there are deep linkages between ecological justice and tribal rights. So, on the is 69th anniversary of passage of Fifth and Sixth Schedules, DTE brings first ever tabular comparison of these provisions, organised by the leading subject matter expert, B K Manish.
Comparison of alternate/special governance mechanisms for tribal zones in the Constitution of India (as of Aug 15, 2017)
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PP(ESA)A |
Schedule.V |
Schedule.VI |
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Assam |
Tripura |
Mizoram |
Meghalaya |
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Area Covered |
(Scheduled Area) |
(Tribal Area) |
(Tribal Area) |
(Tribal Area) |
(Tribal Area) |
(Tribal Area) |
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Irregular functions of President/Governor |
N.A. |
Similar to Art.339, but scope is wider than mere planning-execution of Schemes and covers “Administration of Scheduled Areas.” |
Governor’s power of determining any dispute over sharing of royalty or fees pertaining to mining between District Council and the State is discretionary. All other powers of Governor are discretionary, after he has consulted Council of Ministers and District Council. |
Governor’s power of determining any dispute over sharing of royalty or fees pertaining to mining between District Council and the State is discretionary. |
Governor’s power of determining any dispute over sharing of royalty or fees pertaining to mining between District Council and the State is discretionary. All other powers of Governor are discretionary, after he has consulted Council of Ministers and District or Regional Council. |
Governor’s power of determining any dispute over sharing of royalty or fees pertaining to mining between District Council and the State is discretionary. |
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Type of |
Gram Sabha |
(State) Tribes Advisory Council |
(Autonomous) District Council & (Autonomous) Regional Council |
Bodoland Territorial Council |
(Autonomous) District Council & |
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Domain of Legislative Power of |
Power of subordinate legislation with respect to consumption of intoxicants, minor forest produce, land-alienation, village markets, money-lending, control over institutions and functionaries in social sector, control over local plan and resources for them, if and when endowed by State Legislature. |
N.A. |
On subjects as enumerated in clauses (a) to (j) of Para 3 |
On subjects as enumerated in clauses (a) to (j) of Para 3 |
On subjects as enumerated in clauses (a) to (j) of Para 3 |
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Administration of Justice by Special Body |
Only to the extent that State Legislature is prohibited from making laws inconsistent with customary laws and practices, including customary mode of dispute resolution. |
N.A. |
Primary trial of civil suits and other cases by Village Council/Courts, appeal shall lie wherefrom to the Special Body. |
N.A. |
Primary trial of civil suits and other cases by Village Council/Courts, appeal shall lie wherefrom to the Special Body. |
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General Administration |
Its approval is mandatory for implementation of local plans, its recommendation is mandatory with respect to minor minerals, and consultation with it is mandatory for land-acquisition and rehabilitation associated with development projects. |
N.A. |
(In Assam, with respect to subjects as enumerated in clauses (a) to (o) of Para 3A |
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Taxing Power and Finances |
N.A. |
N.A. |
Assessment and collection of land revenue, levy of taxes on land-buildings and tolls on persons resident therein, by respective Council. |
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Extension of |
All State and Union Acts (including CPC, CrPC, IPC etc.) extend automatically to Scheduled Areas, but Governor may prohibit their application or adapt these laws, after commencement (It is disputed as to who is to initiate and affirm such adaptation). |
No Legislative Act of Legislative Assembly of State, relating to subjects as enumerated in clauses (a) to (j) of para 3 [and in clauses (a) to (o) of Para 3A and clauses (i) to (xl) of para 3B, in State of Assam] and relating to consumption of non-distilled alcoholic liquor, shall extend automatically to an autonomous district/region unless notified by its respective Council. |
Laws made by Legislature of Meghalaya shall prevail over laws made by respective Council under para 3, 8 or 10. |
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Governor may notify that any law of Parliament (except laws referred to, above) shall not apply at all to an autonomous district/region, or shall apply with specified adaptation. |
Governor may notify that any law of State Legislature (except in Meghalaya or laws referred to, above) shall not apply at all to an autonomous district/region, or shall apply with specified adaptation. |