The Constitution of
India, Article 366 (25) defines Scheduled Tribes as such tribes or tribal
communities or part of or groups within such tribes or tribal communities as
are deemed under Article 342 to the scheduled Tribes (ST s) for the purposes of
this Constitution.
FIFTH SCHEDULE
[Article 244(1)]
PROVISION AS TO
THE ADMINISTRATION AND CONTROL OF SCHEDULED AREAS AND SCHEDULED TRIBES
PART A
GENERAL
1.
Interpretation.—In this Schedule, unless the context otherwise requires, the
expression “State” does not include the [States of Assam 3 [, 4 [ Meghalaya,
Tripura and Mizoram.]]]
2. Executive
power of a State in Scheduled Areas.—Subject to the provisions of this
Schedule, the executive power of a State extends to the Scheduled Areas
therein.
3. Report by the
Governor to the President regarding the administration of Scheduled
Areas.— The Governor of each State having Scheduled Areas therein
shall annually, or whenever so required by the President, make a report to the
President regarding the administration of the Scheduled Areas in that State and
the executive power of the Union shall extend to the giving of directions to
the State as to the administration of the said areas.
PART B
ADMINISTRATION
AND CONTROL OF SCHEDULED AREAS AND SCHEDULED TRIBES
4. Tribes
Advisory Council.—(1) There shall be established in each State having Scheduled
Areas therein and, if the President so directs, also in any State having
Scheduled Tribes but not Scheduled Areas therein, a Tribes Advisory Council
consisting of not more than twenty members of whom, as nearly as may be,
three-fourths shall be the representatives of the Scheduled Tribes in the
Legislative Assembly of the State:
Provided that if the number of representatives
of the Scheduled Tribes in the Legislative Assembly of the State is less than
the number of seats in the Tribes Advisory Council to be filled by such
representatives, the remaining seats shall be filled by other members of those
tribes.
(2) It shall be
the duty of the Tribes Advisory Council to advise on such matters pertaining to
the welfare and advancement of the Scheduled Tribes in the State as may be
referred to them by the Governor.
(3) The Governor
may make rules prescribing or regulating, as the case may be,
(a) the number
of members of the Council, the mode of their appointment and the appointment of
the Chairman of the Council and of the officers and servants thereof;
(b) the conduct
of its meetings and its procedure in general; and
(c) all other
incidental matters.
5. Law
applicable to Scheduled Areas.— (1) Notwithstanding anything in this
Constitution, the Governor may by public notification direct that any
particular Act of Parliament or of the Legislature of the State shall not apply
to a Scheduled Area or any part thereof
in the State or shall apply to a Scheduled Area or any part thereof in
the State subject to such
exceptions and modifications as he may specify in the notification and any
direction given under this sub-paragraph may be given so as to have
retrospective effect.
(2) The Governor
may make regulations for the peace and good government of any area in a State
which is for the time being a Scheduled Area.
In particular and without prejudice to the
generality of the foregoing power, such regulations may—
(a) prohibit or
restrict the transfer of land by or among members of the Scheduled Tribes in
such area; (b) regulate the allotment of land to members of the Scheduled
Tribes in such area; (c) regulate the carrying on of business as money-lender
by persons who lend money to members of the Scheduled Tribes in such area.
(3) In making
any such regulation as is referred to in sub-paragraph (2) of this paragraph,
the Governor may repeal or amend any Act of Parliament or of the Legislature of
the State or any existing law which is for the time being applicable to the
area in question.
(4) All
regulations made under this paragraph shall be submitted forthwith to the
President and, until assented to by him, shall have no effect.
(5) No
regulation shall be made under this paragraph unless the Governor making the
regulation has, in the case where there is a Tribes Advisory Council for the
State, consulted such Council.
PART C
SCHEDULED AREAS
6. Scheduled
Areas.—(1) In this Constitution, the expression “Scheduled Areas” means such
areas as the President may by order declare to be Scheduled Areas.
(2) The
President may at any time by order —
(a) direct that
the whole or any specified part of a Scheduled Area shall cease to be a
Scheduled Area or a part of such an area;
[(aa) increase the area of any Scheduled Area in a State after
consultation with the Governor of that State;] (b) alter, but only by way of
rectification of boundaries, any Scheduled Area; (c) on any alteration of the
boundaries of a State or on the admission into the Union or the establishment
of a new State, declare any territory not previously included in any State to
be, or to form part of, a Scheduled Area; [(d) rescind, in relation to any
State or States, any order or orders made under this paragraph, and in
consultation with the Governor of the State concerned, make fresh orders
redefining the areas which are to be Scheduled Areas;] and any such order may contain such
incidental and consequential provisions as appear to the President to be
necessary and proper, but save as aforesaid, the order made under sub-paragraph
(1) of this paragraph shall not be varied by any subsequent order.
PART D
AMENDMENT OF THE
SCHEDULE
7. Amendment of
the Schedule.—(1) Parliament may from time to time by law amend by way of
addition, variation or repeal any of the provisions of this Schedule and, when
the Schedule is so amended, any reference to this Schedule in this Constitution
shall be construed as a reference to such Schedule as so amended.
(2) No such law
as is mentioned in sub-paragraph (1) of this paragraph shall be deemed to be an
amendment of this Constitution for the purposes of article 368.
73th Constitution Amendment in India.
Indian constitution
under part (9) provisions describes about panchayat. Part (9) under articles
243 to 243 (o) provisions available, but part (9) Article 243m1 part not apply
to certain areas. (1) Nothing in this part shall apply to the scheduled Areas
referred to in clause (1) and the tribal areas referred to in clause (2), of article 244, and part
(9) article 243M (4) (b) Parliament may by law, extend the provisions of this part to the scheduled areas and the
tribal areas referred to in clause(1) subject to such exceptions and
modifications as may be specified in such law , and no such law shall deemed to be an amendment of this constitution for the
purposes of article 368.[The constitution
of India page 112]And The Panchayati Raj Act under three type panchyats
1.Gram panchyat, 2.Taluka panchyat, 3.District panchyat. Panchayati raj
election unconstitutional functioning
in 5th scheduled areas. The act name is “The provisions of the
panchayats extension to the scheduled areas” [PPESA] Act, 1996 No.40 of 1996 (24th
December, 1996) but all internet, Wikipedia, political leader and bureaucracy
people, educated people are speaking ‘Panchayats extension to the scheduled
areas’. But there are 23 provisions in PPESA ACT. “Provision 4(o) the state
legislature shall endeavour to follow the pattern of the 6th schedule to the
constitution while designing the administrative arrangements in the panchayats
at district levels in the scheduled Areas.” This provision meaning the pattern
of the 6th schedule means “Autonomous district council” implement in
5th scheduled areas, Article 5, But PPESA act is not implementing in
scheduled area. 5th
Scheduled [Article 244(1)] Provision as to the administration scheduled areas
and control of scheduled areas and scheduled tribes. In 5th scheduled under tribal advisory
council all 9 states TAC is not properly working in India. Scheduled area
governor has Special constitution Rights and power, authority but all Governors
are not working in scheduled area. The political parties control the all Indian
Governors.
74th Constitution Amendment in
India.
Indian constitution under part (9k) provision
of municipality .date 01 Jun 1993 to impalement in India. Part (9k) article
243P to article 243ZG becoming. and “part (9k)
Article 243ZC part not to apply to certain areas.(1) Nothing in this
part shall apply to the scheduled areas referred to in clause(1), and the
tribal areas referred to in clause(2), of article 244”.and now municipalities cooperation
election functioning in scheduled area
(9 states) its unconstitutional work.
This is constitution violation in India. “Article 243zc (3) Notwithstanding
anything in this constitution, parliament may, by law, extend the provisions of
this part to the scheduled areas and the tribal areas referred to in clause (1)
subject to such exception and modifications as may be specified in such law and
no such law shall be deemed to be an amendment of this constitution for the
purposes of article 368.”[The
constitution of India page 120] But Parliament has not passed any Act
regarding Extension of municipalities to scheduled Areas. The Municipal
Corporation system cannot work in the tribal area of 9 Indian states. Issues
of scheduled area Social, political,
economic, education issues. Water, Forest, Land, Poverty, unemployment,
violation of rights of women, Hunger, displacement, corruption and naxuliest.
And Adivasis rights and language, culture, identity all is trouble.
Today,
India is a developing state where all the communities are progressing towards development
in terms of social, political and economy. All but the Adivasis are not getting
the fruits of development because the ethos and spirit of the constitution is
getting violated and Laws in the form of various social legislation's are also
not being implemented properly. It is observed in the present paper that the
panchayat and municipality election that is taking place in the fifth scheduled
areas of the nine states is unconstitutional. In spite of this, the President
of India, Governors of all fifth Scheduled Areas in nine states, the Prime
minister, and the Chief Minister including all Bureaucrats are conducting the
elections. So, the question that arises here is how can one expect a change in system
of India where there is a major flaw and reluctance in the willingness for
enacting and abiding by the mandates of the Constitution? Though movements has taken place for the right
of tribal people. The Right base movements are going on in the schedule area to
protest the violation of against tribal right. From the process of development
the tribal people are always excluded and ignored both by the state and the center. In spite of having number of enactment for the tribal people the
implementation of this act are hardly followed by the state.
Jay Adivasi……………..……Jago Adivasi……………..……Jano Adivasi…………. Join Adivasi...
References
Parliament, (1996) The Gazette of India, ppesa Act
(1996) .New Delhi
Indian constitution, (1993): “73th, 74th
constitution Amendment in India.” New Delhi.
Indian constitution, (1950)
गुजरात के आदिवासी क्षेत्रों में नर्मदा डैम, कर्जन डैम, उकाई डैम, सुकी डैम, कडाणा डैम इत्यादि छोटे-मोटे डैम बनाये गए और आदिवासियों को विस्थापित कर दिया गया. अदिवासियों की पहचान, उनकी संस्कृति, रीति-रिवाज एवम जल, जंगल, जमीन से अलग कर दिया. उपरोक्त कारणों से आज गुजरात के आदिवासी आर्थिक, सामाजिक, राजकीय और शैक्षणिक क्षेत्रों में पीछे है. आदिवासी क्षेत्रों में सरकार ने जो भी कानून बनाये उनका सुचारू रूप से परिपालन नहीं होता. गुजरात में आदिवासी सलाहकार समिति (Tribal Advisory Council) भी आदिवासियों के हित मे काम नहीं करती. यह समिति राजकीय पार्टियों के गुलामों की समिति है. गुजरात के गवर्नर भी राजकीय पार्टी के निर्देशों पर ही काम करते हैं तथा वो भी आदिवासियों के हित में काम नहीं करते. इन राजकीय पार्टियों ने तथा उनके लोगो ने आदिवासियों के साथ अत्याचार और शोषण ही किया है. आदिवासियों के संसाधनों को लूट कर जितने भी डैम बने उसका पूरा फायदा कम्पनियों को दे दिया गया है.
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