Syllabus: Paper II > 9.1 Tribal policies > Isolation-assimilation debate > Ghurye
Scheduled Areas — 2023 Paper II
Question · 2023 · Paper II · 10 Marks
Scheduled areas
Model Answer
VAID ICSAPPROACH
- Demand of Question: Define Scheduled Areas constitutionally, list the criteria for their declaration, explain the specific governance mechanisms designed to protect them, and link this to democratic decentralization.
- Structuring the Response: Introduce Article 244(1) and the Fifth Schedule. List the Dhebar Commission criteria for declaration. Outline the governance safeguards (Governor's powers, TAC). Explain the deepening of democracy through PESA. Conclude.
- Key Dimensions to Cover: Article 244(1), Fifth Schedule; Presidential declaration, Governor's consultation; Tribes Advisory Council (TAC); Criteria (compactness, tribal preponderance, economic backwardness); PESA (1996).
MODEL ANSWER
Introduction "Scheduled Areas" are constitutionally designated territories with substantial Scheduled Tribe populations that require special administrative protection to prevent exploitation and preserve their cultural identity. They are governed under Article 244(1) and the Fifth Schedule of the Indian Constitution. The President declares an area as Scheduled in consultation with the State Governor.
Criteria for Declaration Though not explicitly mentioned in the Constitution, the Ministry of Tribal Affairs (based on the Dhebar Commission) uses four criteria:
- Preponderance of tribal population.
- Compactness and reasonable size of the area.
- A viable administrative entity (e.g., a district or block).
- Relative economic backwardness of the area compared to neighboring regions.
Protective Governance and Safeguards
- Governor's Powers: The Governor wields exceptional powers to direct that any act of Parliament or the State Legislature does not apply, or applies with modifications, to protect tribal interests (e.g., preventing land alienation or regulating money-lending).
- Tribes Advisory Council (TAC): Formed in states with Scheduled Areas, consisting of up to 20 members (three-fourths ST MLAs), to advise the Governor on tribal welfare.
Democratic Deepening (PESA, 1996) The protective framework was democratized by the Panchayat (Extension to Scheduled Areas) Act, 1996, which extended Panchayati Raj to Fifth Schedule areas, placing the Gram Sabha at the center of local governance, resource management, and customary dispute resolution.
Conclusion Scheduled Area status is a unique model of asymmetric constitutional governance. Its success relies not just on protectionist welfare, but on empowering tribal communities through self-governance via the robust implementation of PESA and Fifth Schedule provisions.
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