Scheduled ares and Tribal areas

santhoshv339's version from 2017-02-12 17:19


Question Answer
Which part and Article of the constitution envisages a special system of administration for certain areas designated as Scheduled areas and scheduled tribes ?Article 244 in part X
What is the 5th schedule ?Administration and control of scheduled areas and scheduled tribes in all areas except Tripura Meghalaya Mizoram and Assam
Who can declare a scheduled area ?President
Can President increase or decrease scheduled area's area, alter its boundary lines, rescind such designation or make fresh orders for such redesignation on an area ?yes - in consultation with governor of state concerned
Does the executive power of state and centre extend to Scheduled areas ?Yes - But the governor has a special responsibility regarding such areas
Who submits a report regarding the administration of scheduled areas anually or whenever required to the president ?Governor
Can the centre give directions to the states regarding administartion of such areas ?Yes
Where should Tribes Advisory Council be established and for which reason ?Each state having scheduled areas for welfare and advancement of the scheduled tribes
Each Tribes Advisory Council should consit of ?20 members
How are members of Tribes Advisory Council selected ?Three-fourths of members are to be the representatives of the scheduled tribes in the state legislative assembly
Who directs for an establishment of Tribal Advisory council in a state having scheduled tribes but not scheduled areas therein ?President
Who is empowered to direct that any particular act of Parliament or the state legislature does not apply to a scheduled area or apply with specified modifications and exceptions ?Governor
Who can make regulations for the peace and good government of a scheduled area after consulting the tribes advisory council ?Governor
Can regulations be made to prohibit or restrict the transfer of land by or among members of the scheduled tribes, regulate the allotment of land to members of the scheduled tribes and regulate the business of money-lending in relation to the scheduled tribes ?Yes
Can a regulation repeal or amend any act of Parliament or the state legislature, which is applicable to a scheduled area ?Yes
Regulations to repeal or amend any act of Parliament or the state legislature must require the assent of ?President
Under which provision should president appoint a commission to report on the administration of the scheduled areas and the welfare of the scheduled tribes in the states ?The constitution itself
When should President appoint a Commission ?Any time but compulsorily after ten years of the commencement of the Constitution
Who headed the commission of 1960 ?U N Dhebar
The second commission was appointed in 2002 under the chairmanship of ?Dilip Singh Bhuria

Features of administration contained in the Sixth Schedule

Question Answer
The tribal areas are established in fourt states of ?TAMiMe - Assam, Meghalaya, Tripura and Mizoram
Do tribal areas fall outside the executive authority of the state concerned ?No
Who is empowered to organise and re-organise the autonomous districts ?Governor - increase or decrease their areas or change their names or define their boundaries and so on
What can the governor do in case there are different tribes in an autonomous district ?The governor can divide the district into several autonomous regions
Each autonomous district has a district council consisting of ?30 members, of whom four are nominated by the governor and the remaining 26 are elected on the basis of adult franchise
The elected members of autonomous district hold office for a term of ?five years (unless the council is dissolved earlier)
The nominated members hold office during ?the pleasure of the governor
Each autonomous region has a ?separate regional council
The district and regional councils administer the areas under their jurisdiction and can make laws on certain specified matters like ?land, forests, canal water, shifting cultivation, village administration, inheritance of property, marriage and divorce, social customs etcBut
Do the laws created bt district or regional council require the assent ofthe governnor ?Yes
Who constitute village councils or courts for trial of suits and cases between the tribes and hear appeals from them ?The district and regional councils within their territorial jurisdictions
Who specifies the Jurisdiction of high court over suits and cases in district and regional councils ?Governor
Can the district council establish, construct or manage primary schools, dispensaries, markets, ferries, fisheries, roads ?Yes
Can district counicl make regulations for the control of money lending and trading by non-tribals ?Yes
Do regulations by district council need the assent of the governnor ?Yes
Are district and regional councils are empowered to assess and collect land revenue and to impose certain specified taxes ?yes
Do acts of Parliament or staet legislature apply to autonomous districts ?No or apply with specified modifications and exceptions
Who can appoint a commission to examine and report on any matter relating to the administration of the autonomous districts or regions ?Governor
Who can dissolve a district or regional council on the recommendation of the commission ?Governor

Tribal Areas and States

StateTribal Districts
AssamNorth Cachar Hills, Karbi Anglong and Bodoland Territorial Areas
MeghalayaKhasi, Jaintia and Garo hills
TripuraTripura tribal areas
MizoramChakma, Mara and Lai