Scheduled Areas are regions identified by the President of India under the Fifth Schedule of the Constitution as economically and socially backward, primarily inhabited by Scheduled Tribes (STs). These areas require special governance, development focus, and legal protection to preserve the tribal way of life and ensure justice and inclusion.
Constitutional Basis for Scheduled Areas
The legal framework for Scheduled Areas appears in Article 244(1) of the Indian Constitution and the Fifth Schedule. It empowers the President to declare any tribal-dominated region in a state (except those in the Sixth Schedule like the Northeast) as a Scheduled Area.
The Constitution mandates:
- Separate governance for these regions
- Autonomous local administration through Tribal Advisory Councils (TAC)
- Special laws made by the Governor for local needs
How Are Scheduled Areas Declared?
The President of India declares a region as a Scheduled Area through a public notification, based on:
- Concentration of tribal population
- Economic backwardness
- Geographical isolation
- Lack of infrastructure
Once declared, the area receives legal safeguards, including restrictions on land transfer and special rights in education, employment, and resource management.
Key Legal Provisions for Scheduled Areas
1. Fifth Schedule (Article 244)
This schedule provides a framework for administration and control of Scheduled Areas. It allows the Governor to make regulations, including laws that:
- Prohibit or restrict land transfers from tribals
- Control money lending to tribal communities
- Modify state or central laws to suit tribal needs
2. Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA)
This landmark law gives constitutional status to Gram Sabhas (village councils) in Scheduled Areas. It empowers local tribes to:
- Decide on development projects
- Control local natural resources
- Approve land acquisition
- Regulate minor forest produce trade
PESA aims to ensure grassroots governance by recognizing the traditions and customs of tribal people.
Importance of Scheduled Areas in Protecting Tribal Rights
Scheduled Areas aim to preserve tribal identity, protect their land, and promote inclusive development. These regions often suffer from poverty, displacement, and neglect. Laws such as PESA and Forest Rights Act, 2006 uphold tribal autonomy and prevent exploitation by outsiders.
Additionally, Geographical indications like Bastar handicrafts and tribal art reflect the rich heritage of these areas and deserve legal and commercial protection.
Judicial Perspective on Scheduled Areas
Indian courts have upheld the special status of Scheduled Areas. In Samatha v. State of Andhra Pradesh (1997), the Supreme Court held that private mining leases in Scheduled Areas violated the rights of tribal people under the Fifth Schedule and were unconstitutional.
This judgment reinforced the principle of tribal self-governance and the need for state accountability in tribal regions.
Challenges and Way Forward
Despite legal safeguards, Scheduled Areas face challenges like:
- Poor implementation of laws
- Illegal land transfers
- Resource exploitation
- Dilution of tribal rights in development projects
Strengthening local governance under PESA, improving awareness, and involving tribal communities in policymaking are vital steps forward.