Scheduled Areas in India

Historical Background

During the British period, several tribal regions were administered separately due to their unique social and geographical characteristics. The Government of India Act, 1935 classified such regions as Excluded Areas and Partially Excluded Areas.

The Constituent Assembly recognised the need for special constitutional safeguards for tribal communities and incorporated the Fifth Schedule and Sixth Schedule in the Constitution to balance tribal autonomy with national integration.

What are Scheduled Areas?

Scheduled Areas are those regions identified by the President under the Fifth Schedule of the Constitution for providing special administrative and constitutional safeguards to Scheduled Tribes. These areas generally have a high concentration of tribal population, distinct socio-cultural traditions, geographical isolation and relatively lower levels of socio-economic development.

The primary objective behind creating Scheduled Areas is to ensure that tribal communities can preserve their identity, customs, traditions, land rights and natural resources while promoting inclusive development through a separate administrative framework.

Scheduled Areas have been notified in 10 States under the Fifth Schedule—Andhra Pradesh, Telangana, Odisha, Jharkhand, Chhattisgarh, Madhya Pradesh, Rajasthan, Gujarat, Maharashtra, and Himachal Pradesh.

In contrast, tribal areas in Assam, Meghalaya, Tripura, and Mizoram are administered under the Sixth Schedule, which provides a separate framework of autonomous governance.

Constitutional Basis

Criteria for Identification of Scheduled Areas

The Constitution does not prescribe any fixed criteria for declaring Scheduled Areas. However, certain guiding principles have evolved through government practice and commissions.

Predominance of Tribal Population: The area should have a substantial concentration of Scheduled Tribe population.
Compactness and Reasonable Size: The region should constitute a geographically contiguous and administratively manageable unit.
Administrative Viability: The area should be capable of being administered as a distinct administrative entity.
Economic Backwardness: The region should exhibit relatively lower levels of socio-economic development compared to surrounding areas.
Geographical Isolation: Many Scheduled Areas are characterised by difficult terrain, dense forests and limited connectivity, contributing to the distinct socio-economic conditions of tribal communities.

Recommendations of the Bhuria Commission (2002)

The Scheduled Areas and Scheduled Tribes Commission (Bhuria Commission), 2002 examined the administration of Scheduled Areas and recommended:

Areas having around 40% or more tribal population (based on the 1951 Census) should ordinarily be considered for inclusion as Scheduled Areas.
Greater powers should be devolved to Gram Sabhas.
Tribal communities should have stronger control over land, forests and minor forest produce.
Implementation of PESA should be strengthened across all Fifth Schedule States.

Although these recommendations are not legally binding, they continue to influence discussions on tribal governance and decentralisation.

Authority to Declare Scheduled Areas

Under the Fifth Schedule, the President of India has the authority to:

Declare any area as a Scheduled Area.
Increase the area of any Scheduled Area.
Decrease the area of any Scheduled Area.
Alter the boundaries of Scheduled Areas.
Rescind the notification declaring any area as a Scheduled Area.

These powers are exercised through a Presidential Order after consultation with the concerned State Government.

Significance of Scheduled Areas:

Scheduled Areas represent India’s constitutional commitment to protect vulnerable tribal communities while promoting inclusive development. By providing special administrative arrangements, these areas seek to balance economic development with the preservation of tribal identity, customary institutions and community ownership over natural resources, thereby strengthening India’s model of cooperative and inclusive federalism.

Constitutional Framework of Administration

Role of the Governor (Powers of the Governor)

Submission of Annual Report

The Governor submits an annual report (or whenever required) to the President regarding the administration of Scheduled Areas.
These reports enable the Union Government to review the implementation of constitutional safeguards and tribal welfare programmes.

Regulation-making Power: Under Paragraph 5 of the Fifth Schedule, the Governor may make regulations for peace and good governance in Scheduled Areas. These regulations require the assent of the President.

Governor may regulate:

Transfer of Tribal Land: The Governor may prohibit or restrict the transfer of land from tribal persons to non-tribals.
Money Lending: The Governor may regulate the activities of moneylenders operating in Scheduled Areas.
Modification of Existing Laws: The Governor may direct that any Act of Parliament or State Legislature: shall not apply, shall apply with modifications, shall apply with specified exceptions, to a Scheduled Area. This flexibility allows laws to accommodate tribal customs and local conditions.
Consultation with Tribal Advisory Council: Before making regulations affecting tribal interests, the Governor normally consults the Tribal Advisory Council.

Tribal Advisory Council (TAC)

The Tribal Advisory Council (TAC) is one of the most important institutions created under the Fifth Schedule. Its purpose is to ensure that tribal communities participate in policymaking affecting their welfare and development.
Paragraph 4 of the Fifth Schedule provides for the establishment of a Tribes Advisory Council (TAC) in States having Scheduled Areas to advise the Governor on matters relating to the welfare and advancement of Scheduled Tribes.
Every State having Scheduled Areas shall establish a Tribal Advisory Council.
The President may also direct the formation of a TAC in a State having Scheduled Tribes even if no Scheduled Areas exist.
The advice of the TAC is advisory and not legally binding on the Governor.

Composition

Maximum 20 members
Nearly three-fourths of the members should be representatives of Scheduled Tribes in the State Legislative Assembly.
If sufficient ST legislators are unavailable, the remaining seats may be filled by other Scheduled Tribe representatives.

Functions

The Tribal Advisory Council advises the Governor on matters concerning:

Welfare of Scheduled Tribes
Social development
Economic development
Protection of tribal land
Forest rights
Customary laws
Implementation of tribal welfare schemes
Any matter referred by the Governor

Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA)

The 73rd Constitutional Amendment Act, 1992 introduced Panchayati Raj Institutions across rural India.
However, Parliament recognised that the ordinary Panchayati Raj system could undermine traditional tribal institutions.
Therefore, the PESA Act, 1996 was enacted to extend Panchayati Raj to Fifth Schedule Areas while preserving tribal customs and self-governance.

Constitutional Basis

Article 243M
Fifth Schedule
PESA Act, 1996

Landmark Supreme Court Judgments

Samatha v. State of Andhra Pradesh (1997): The Supreme Court held that transfer of government land, forest land or tribal land in Scheduled Areas to private mining companies was impermissible under the protective framework applicable in the State concerned. The judgment reinforced the objective of preventing exploitation and safeguarding tribal land rights.
Orissa Mining Corporation v. Ministry of Environment & Forest (Niyamgiri Case), 2013: The Supreme Court recognised that Gram Sabhas should determine whether mining projects would affect the religious and cultural rights of the Dongria Kondh community.

Salient Features of PESA Act, 1996

PESA establishes the Gram Sabha as the primary institution of self-governance in Scheduled Areas and recognises customary laws, traditional practices and tribal dispute-resolution mechanisms. It empowers Gram Sabhas to manage community resources, including forests, water bodies, grazing lands and Minor Forest Produce (MFP), while mandating consultation before land acquisition, rehabilitation and resettlement. The Act also provides for consultation in matters relating to minor mineral leases, supervises local institutions and development programmes, and seeks to prevent land alienation by safeguarding tribal land rights and facilitating restoration of illegally transferred land.

Prelims Facts

FRA enacted: 2006
Implemented from: 2008 (Rules notified)
Gram Sabha is the nodal authority for initiating claims.
Community Forest Resource (CFR) is one of the most significant rights under FRA.
PVTGs receive habitat rights under FRA.
TRIFED implements Van Dhan Vikas Kendras.
PM JANMAN specifically targets PVTGs.
Samatha Case (1997) – protection of tribal land.
Niyamgiri Case (2013) – Gram Sabha’s central role in protecting cultural and religious rights.

Forest Rights Act (FRA), 2006

For decades, tribal communities and other traditional forest dwellers lived in forests without formal legal recognition of their customary rights. Colonial forest laws and post-independence conservation policies often restricted their access to forest land and resources, leading to displacement and livelihood insecurity.

To address this historical injustice, Parliament enacted the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, commonly known as the Forest Rights Act (FRA), 2006.

Institutional Framework under FRA

Relationship between PESA and FRA

Although enacted separately, PESA and FRA are complementary legislations.

Way Forward

Strengthen Gram Sabha and Effective Implementation of PESA: States should fully implement PESA by devolving real decision-making powers to Gram Sabhas, framing effective rules, building institutional capacity, and ensuring meaningful participation of tribal communities in governance.
Protect Tribal Land and Forest Rights: Strict enforcement of the Forest Rights Act, 2006 and land protection laws is essential to prevent illegal land alienation, ensure recognition of Community Forest Resource (CFR) rights, and guarantee free, prior and informed consultation before land acquisition or mining projects.
Promote Sustainable and Inclusive Tribal Development: Development in Scheduled Areas should balance economic growth with environmental conservation and tribal welfare by improving education, healthcare, infrastructure, livelihood opportunities and digital connectivity while preserving tribal culture, traditions and natural resources.

Provision | Description

Article 244(1) | Provides for the administration of Scheduled Areas under the Fifth Schedule.

Fifth Schedule | Lays down the constitutional framework for the administration and control of Scheduled Areas and Scheduled Tribes (except the Sixth Schedule States).

Article 339 | Empowers the Union Government to supervise the administration of Scheduled Areas and ST welfare.

Article 275(1) | Provides grants-in-aid to States for promoting the welfare of Scheduled Tribes and development of Scheduled Areas.

Article 338A | Establishes the National Commission for Scheduled Tribes (NCST).

Article 342 | Specifies the procedure for notifying Scheduled Tribes.

PESA Act, 1996 | Forest Rights Act, 2006

Focuses on self-governance | Focuses on forest rights

Strengthens Gram Sabha | Empowers Gram Sabha in forest governance

Applies to Fifth Schedule Areas | Applies to forest areas across India

Protects customary governance | Recognises legal forest rights