Scheduled Areas — Meaning and Powers of the President

Meaning: Scheduled Areas are areas with significant tribal population that are declared as such under the Fifth Schedule of the Constitution.

Constitutional Basis: The administration and control of Scheduled Areas and Scheduled Tribes in states other than those covered by the Sixth Schedule are governed by the Fifth Schedule (Article 244).

Declaration: Under Paragraph 6 of the Fifth Schedule, the President can declare an area as a Scheduled Area or alter its boundaries.

Alteration of Areas: The President may increase, decrease, merge or rescind the designation of Scheduled Areas through an order.

Consultation with Governor: Before making an order regarding Scheduled Areas, the President is required to consult the Governor of the concerned State.

Reports from Governor: Under Paragraph 3 of the Fifth Schedule, the Governor submits an annual report, or whenever required, to the President regarding the administration of Scheduled Areas.

Special Protection: The Fifth Schedule provides special safeguards for tribal communities. The Governor can make regulations regarding peace and good governance in Scheduled Areas, subject to the President’s assent.

With reference to Scheduled Areas under the Fifth Schedule of the Constitution of India, consider the following statements:

  1. The President can declare an area as a Scheduled Area under Paragraph 6 of the Fifth Schedule.
  2. The President is required to consult the Governor of the concerned State before making an order regarding Scheduled Areas.
  3. The Governor submits reports to the President regarding the administration of Scheduled Areas.
  4. The Sixth Schedule, and not the Fifth Schedule, governs the administration of Scheduled Areas in all States.

Which of the statements given above is/are correct?

(a) 1, 2 and 3 only

(b) 1 and 4 only

(c) 2 and 3 only

(d) 1, 2, 3 and 4

Answer: (a)