Part 10 of Indian Constitution, Objectives, Articles, Schedules

Part 10 of Indian Constitution deals with the administration of Scheduled Areas and Tribal Areas in India. It reflects the deep concern of the Constituent Assembly for protecting the rights, culture, and land of tribal communities, while also integrating them into the broader constitutional framework of the country.

Part 10 of Indian Constitution Objectives

Part 10 of Indian Constitution aims to:

• Protect tribal land from alienation.
• Preserve tribal culture and customs.
• Ensure self-governance.
• Promote socio-economic development.
• Balance integration with autonomy.
• It reflects the constitutional philosophy of protective discrimination and asymmetrical federalism.

Articles related to Part 10 of Indian Constitution

• Article 244 (1): 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 the States of Assam, Meghalaya, Tripura, and Mizoram.
• Article 244 (2): 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 244A: It empowers the Parliament of India to create an autonomous state within Assam by reorganizing certain tribal areas. It also allows for the establishment of a local legislature, Council of Ministers, or both for the autonomous state.

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What is the Fifth Schedule of the Indian Constitution?

The 5th Schedule of the Indian Constitution deals with the administration and control of Scheduled Areas and Scheduled Tribes in states other than the Northeast. It provides special provisions to protect the interests, land rights, and culture of tribal communities.

• Applies to Scheduled Areas: The 5th Schedule applies to areas declared as Scheduled Areas by the President of India. These are regions with a significant tribal population that require special protection and governance mechanisms.
• Role of the Governor: The Governor has special powers regarding Scheduled Areas. He/she can make regulations for peace and good governance, including restricting the transfer of tribal land and regulating money-lending activities.
• Tribal Advisory Council (TAC): Each state having Scheduled Areas must establish a Tribal Advisory Council. It consists mainly of Scheduled Tribe MLAs to advise on welfare and advancement of tribal communities.
• Presidential Powers: The President can declare, increase, decrease, or alter the boundaries of Scheduled Areas. Thus, the final authority regarding Scheduled Areas rests with the Union Government.
• Protection of Land and Resources: The Schedule safeguards tribal land from being transferred to non-tribals and aims to prevent exploitation by moneylenders and private entities.
• Application of Laws: The Governor can direct that any Act of Parliament or State Legislature may not apply to a Scheduled Area or may apply with modifications. This ensures flexibility in governance suited to tribal needs.
• States included in the Fifth Schedule are: Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, Jharkhand, and Telangana.

What is the Sixth Schedule of the Indian Constitution?

The Sixth Schedule of the Indian Constitution provides special provisions for the administration of tribal areas in certain northeastern states of India. 

It grants autonomy to tribal communities through Autonomous District Councils (ADCs), allowing them to govern themselves in matters of land, customs, and local administration.

• Autonomous District Councils (ADCs): Each tribal area has an Autonomous District Council with legislative, executive, and judicial powers over specified subjects.
• Legislative Powers: ADCs can make laws on land, forests (other than reserved forests), shifting cultivation, village administration, inheritance, marriage, and social customs.
• Judicial Powers: District Councils can establish village courts to handle cases involving tribal laws and customs.
• Financial Powers: ADCs can levy and collect certain taxes such as land revenue, tolls, and taxes on professions, animals, vehicles, and markets.
• Governor’s Role: The Governor of the concerned state has special powers regarding approval of laws made by the councils and can modify or annul them.
• Protection of Tribal Identity: The Schedule ensures preservation of tribal traditions, language, and customary practices through constitutional safeguards.

Article 244 A of Indian Constitution 

• Parliament can create an autonomous state in Assam using certain tribal areas from the Sixth Schedule.
• It can set up a Legislature, a Council of Ministers, or both for the autonomous state.
• The autonomous state can make laws on subjects from the State List or Concurrent List.
• It is given executive powers to manage administration and governance.
• Taxes collected by Assam that come from the autonomous state can be assigned to the autonomous state.
• References to “State” in the Constitution include the autonomous state where applicable.
• Changes to laws about law-making or executive powers require a two-thirds majority in both Houses of Parliament.
• Laws made under Article 244A do not count as constitutional amendments under Article 368.