Introduction
Article 244 explains how India administers Scheduled Areas and Tribal Areas. It appears in Part X of the Constitution. The Article protects tribal communities through special governance systems. It recognises that tribal regions need different administrative models. It balances protection with integration. It also reflects India’s asymmetric federalism.
Why Was Article 244 Introduced?
The Constitution makers saw deep social and economic disadvantages among tribal communities. They wanted to prevent exploitation. They also wanted to preserve tribal culture and land rights. Article 244 provides constitutional backing for this goal. It ensures that governance adapts to regional realities.
How Does Article 244 Divide Tribal Administration?
Article 244 has two clauses. Clause one applies the Fifth Schedule. Clause two applies the Sixth Schedule. Each Schedule serves a different purpose. Each responds to different tribal histories and needs. This division creates a dual system of tribal administration.
What Does Article 244(1) Say About the Fifth Schedule?
Article 244(1) applies the Fifth Schedule to most tribal areas in India. It excludes Assam, Meghalaya, Tripura, and Mizoram. The Fifth Schedule governs Scheduled Areas and Scheduled Tribes in other states. It gives the Governor a special role. The Governor protects tribal interests. The Governor regulates land transfers. The Governor controls money-lending activities. These powers prevent economic exploitation.
Which States Have Fifth Schedule Areas?
Scheduled Areas under the Fifth Schedule exist in ten states. These include Andhra Pradesh, Telangana, Chhattisgarh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Gujarat, Rajasthan, and Himachal Pradesh. These areas show high tribal population. They also show economic backwardness. Administrative viability guides their inclusion.
Who Declares a Scheduled Area?
The President of India declares Scheduled Areas. The decision follows specific criteria. Tribal population dominance matters. Geographical compactness matters. Economic underdevelopment matters. Administrative feasibility also matters. This ensures objective identification.
What Is the Role of the Governor Under the Fifth Schedule?
The Governor holds special responsibility. The Governor can modify or suspend laws. This applies to Scheduled Areas. The Governor can make regulations for peace and good governance. These regulations need Presidential assent. The Governor also submits annual reports. These reports go to the President. This ensures central oversight.
What Is the Tribes Advisory Council?
The Fifth Schedule mandates a Tribes Advisory Council. States with Scheduled Areas must create it. The council advises on tribal welfare. It includes tribal representatives. It ensures tribal voices reach the administration. However, its role remains advisory.
How Does Article 244(2) Apply the Sixth Schedule?
Article 244(2) applies the Sixth Schedule. It covers Assam, Meghalaya, Tripura, and Mizoram. These states have distinct tribal histories. The Sixth Schedule provides stronger autonomy. It creates Autonomous District Councils. It also allows Autonomous Regional Councils.
What Powers Do Autonomous Councils Have?
Autonomous Councils enjoy legislative powers. They manage land and forests. They regulate inheritance and marriage. They control village administration. They exercise judicial powers over customary laws. They also handle local taxation. This structure promotes self-governance.
Why Is the Sixth Schedule More Autonomous?
The Sixth Schedule reduces state interference. Elected councils govern directly. Local customs guide administration. This model respects tribal identity. It also strengthens grassroots democracy. It suits the northeast’s unique socio-political context.
How Does the Fifth Schedule Differ from the Sixth Schedule?
The Fifth Schedule relies on the Governor. It offers limited tribal participation. The Sixth Schedule empowers elected councils. It grants wider legislative and judicial authority. The Fifth Schedule focuses on protection. The Sixth Schedule focuses on autonomy. Both aim at tribal welfare but use different tools.
How Does Article 244 Protect Tribal Land and Culture?
Article 244 restricts land alienation. It curbs exploitative money-lending. It safeguards customary practices. It promotes community ownership. These measures prevent displacement. They preserve tribal identity.
How Is Article 244 Linked to Other Constitutional Provisions?
Article 244 connects with Article 342. Article 342 defines Scheduled Tribes. It links with Article 338A. That Article creates the National Commission for Scheduled Tribes. Article 339 allows Union oversight. These provisions work together.
What Is the Role of the PESA Act, 1996?
The Panchayats Extension to Scheduled Areas Act supports Article 244. It strengthens local self-rule. It empowers Gram Sabhas. It applies to Fifth Schedule areas. Poor implementation weakens its impact. This gap affects governance outcomes.
Why Is Article 244 Important for Federalism?
Article 244 shows flexible federalism. It allows different rules for different regions. It recognises diversity within unity. It adapts governance to vulnerability. This strengthens constitutional inclusiveness.
What Are the Challenges in Implementing Article 244?
Implementation often remains weak. Governors rarely use full powers. Advisory councils lack influence. PESA remains underused. Development projects cause displacement. These failures fuel unrest. Some regions face Left-Wing Extremism.
Why Is Article 244 Important for Exams?
Article 244 is vital for UPSC and state exams. It links polity and governance. It shows constitutional safeguards. It explains tribal administration. It highlights centre-state relations. It connects law with social justice.
Conclusion
Article 244 protects India’s tribal communities. It ensures tailored governance. It balances autonomy and integration. It reflects constitutional compassion. Its effective implementation remains crucial. Strong execution can ensure justice and development for tribal India.
