5th Schedule of Indian Constitution: Provisions, Fifth Schedule States, UPSC Notes

What is 5th Schedule of Indian Constitution?

In 2016, Rajasthan, Orissa, Maharashtra, Madhya Pradesh, Himachal Pradesh, Gujarat, Chhattisgarh, Jharkhand, Telangana, and Andhra Pradesh were the 10 Indian states with the scheduled areas. According to the 5th Schedule of Indian Constitution, an area is declared as a Scheduled Area if it fulfils the following criteria-

• Economic backwardness of the area (in comparison to its neighbouring areas),
• a viable entity for administration such as taluk, block, or district,
• the Area’s reasonable size and compactness,
• tribal population’s preponderance.

Though the Indian Constitution doesn’t spell out this criterion. Still, there are principles for declaring the partially excluded and excluded areas under the Government of India Act 1935.

In the 5th Schedule of the Indian Constitution, the President can declare any such area or the whole state as a scheduled area. In consultation with the Governor, the President is also empowered to alter the boundary of such areas by reducing it or increasing the size of the area.

Provisions of 5th Schedule of Indian Constitution

The provisions of the 5th Schedule of Indian Constitution are as follows:

1. The Governor of the states with scheduled areas had to submit an annual report to the President or whenever the president asked about the scheduled area’s administration.
2. The executive powers are enjoyed by the Union government to give directions to the state for the Scheduled area’s administration.
3. The establishment of a TAC (Tribes Advisory Council) in any state with the scheduled areas is provided by the 4th paragraph of the 5th schedule of the Indian Constitution.
4. The matters addressing welfare shall be advised by the TAC. However, the Governor refers to the matters related to the advancement of the scheduled tribes in the state.
5. The Governor has the right to regulate or prescribe the total number of members of the council, their mode of appointment, the Chairman’s appointments, the respective officers and other servants. He is also responsible for regulating the conduct of its meetings and thor procedures along with other incidental matters.
6. Through a public notification, the Governor can direct that any Parliamentary act or the State legislature shall apply to a scheduled area or its part, subject to any expectations or modifications or shall not. Also, the Governor can make regulations for the maintenance of a good and peaceful government in such area or the state and these regulations may restrict or prohibit the land transfer within or outside the ST members of that area, regulating allotting of lands to ST members, regulated the business of an individual or the community as money-lenders.
7. Another important provision of the fifth schedule is that the Governor may amend or repeal any Parliamentary act or the State legislature in the making of such regulations after obtaining President’s assent.
8. Unless the Governor says, there shall be no regulations. If there is a TAC, then it must be consulted.

5th Schedule States

As per the Indian Constitution, the ten 5th Schedule states are as follows: Chhattisgarh, Himachal Pradesh, Madhya Pradesh, Odisha, Telangana, Andhra Pradesh, Gujarat, Jharkhand, Maharashtra, and Rajasthan. The tribal areas of four states which are excluded from the 5th Schedule of Indian Constitution – Meghalaya, Assam, Mizoram, and Tripura are included in the 6th Schedule.

5th Schedule of Indian Constitution PDF

For UPSC aspirants, the PDF of the 5th Schedule of Indian Constitution is extremely crucial, as with the help of a PDF, they can also prepare this topic offline. The document consists of all minute insights of the 5th schedule UPSC notes, including its provisions, states covered, etc.

☛ 5th Schedule of Indian Constitution PDF

5th and 6th Schedule UPSC

Similar to the 5th schedule of Indian Constitution, the 6th Schedule of the Indian Constitution possesses certain specific provisions for tribal administration in Mizoram, Meghalaya, Tripura, and Assam. The tribes in these states have not assimilated in life much as compared to the other states. Also, they have adopted a different culture. Thus, they are treated under a different schedule than the rest of the states. Some of the provisions under the 6th Schedule of Indian Constitution are as follows:

• A sizable amount of Constitutional autonomy is given to the tribal areas in Mizoram, Meghalaya, Tripura, and Assam.
• The tribal areas are considered districts in these four states and fall under the state’s executive authority.
• The Governor enjoys the right to organise or reorganise these tribal districts.
• The Governor can divide a district into different autonomous regions if different types of tribes exist in a district.
• An autonomous council comprises 30 members- 4 are nominated by the Governor while 26 are appointed based on adult Franchise. The members nominated by the Governor hold the office at the Governor’s pleasure, while the elected ones are nominated for a fixed term of 5 years.
• Each autonomous district also possesses a regional council. Both district and regional councils are responsible for administering the areas under their respective jurisdiction.
• These councils can make laws on divorce, marriage, village administration, shifting cultivation, water, canal, forest, and other specific matters. However, Governor’s assent is required as a basic necessity for lawmaking on such matters.

Thus, for the successful administration of the scheduled and tribal areas, the provisions of the 5th schedule and the 6th Schedule of the Indian Constitution have proven to be very productive.

• 7th Schedule of Indian Constitution
• 8th Schedule of Indian Constitution
• 12th Schedule of Indian Constitution

Schedule 5 of Indian Constitution: Article 244 and Article 244 A

Article 244 and Article 244 A of the Indian Constitution hold the provision for the Scheduled and Tribal areas in India-

• Article 244 of the Constitution – It deals with the scheduled and tribal area’s administration
• Article 244 A of the Constitution – It deals with the formation of an autonomous state. It includes states that include Assam’s tribal areas with a council of ministers.

However, according to Article 339 of the Constitution, the Union government has control over the administration of the Scheduled Areas and the welfare of the Scheduled tribes.

5th Schedule UPSC

The provisions and schedules of the Indian Constitution are an important part of the Indian polity. Thus, the 5th Schedule of Indian Constitution UPSC makes an important topic for the UPSC Exam in prelims and mains exam. You can also download the PDF with the link provided above. Also, go through the UPSC Study Material and Indian Polity Notes for UPSC to learn about similar topics.

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