History and introduction to PPESA 1996.
The Fifth Schedule of the Indian Constitution deals with the administration and control of areas predominantly inhabited by Scheduled Tribes (STs). It provides for the establishment of a framework to protect and preserve the rights of these communities, ensuring their welfare and preventing exploitation.
Here are the key provisions of the Fifth Schedule:
1. Tribal Areas: The Fifth Schedule specifies which areas in India are considered tribal areas. These areas are largely in the northeastern states and certain central and southern parts of India.
2. Governor’s Role: The Governor of a state that has tribal areas under the Fifth Schedule has special powers, such as making regulations to safeguard tribal interests. These regulations may cover land rights, the movement of tribals, and other social matters.
3. Tribal Advisory Councils: The Constitution provides for the establishment of Tribal Advisory Councils in states having scheduled areas. These councils advise the Governor on matters related to the welfare and advancement of the tribals in the area.
4. Control Over Land and Resources: One of the significant objectives of the Fifth Schedule is to prevent the alienation of tribal land to non-tribals, ensuring that tribal communities can maintain control over their land and resources.
5. Provisions for Tribal Development: The Constitution mandates that the states should take measures to promote the welfare and development of tribals and preserve their cultural heritage
SIXTH SCEDULE AREAS: A CONSTITUTIONAL analysis ON RELEVENCY PPESA 1996
The Sixth Schedule of the Indian Constitution provides special provisions for the governance and administration of certain tribal areas in the northeastern states of India. These areas are predominantly inhabited by indigenous tribal communities and are given a certain level of autonomy in governance. The Sixth Schedule mainly aims to preserve the distinct cultures, identities, and traditions of these tribes and to allow self-governance.
The areas covered under the Sixth Schedule include:
- Assam
- Meghalaya
- Tripura
- Mizoram
The Sixth Schedule allows the formation of Autonomous District Councils (ADCs), which have legislative, executive, and financial powers to administer the local tribes, manage land, and handle matters related to customary laws and cultural preservation. The councils also oversee matters related to land, forest resources, and other issues specific to tribal communities.
The tribes in these areas have their own distinct way of life and customs, and the Sixth Schedule seeks to protect these aspects while allowing them to have a say in local governance.