Fifth and Sixth Schedule Tribal Areas: Administration, Reservation and Exemptions

The Fifth and Sixth Schedules of the Indian Constitution are the two distinct frameworks for the administration of tribal areas. They look similar from a distance — both deal with Scheduled Tribes, both provide special protections, both modify the ordinary application of state law in defined regions. But their geography, institutional design, and powers differ in important ways.

The Fifth Schedule applies to Scheduled Areas in states other than the four north-eastern states covered by the Sixth Schedule. The Sixth Schedule applies specifically to tribal areas in Assam, Meghalaya, Tripura, and Mizoram, and operates through Autonomous District and Regional Councils with substantial legislative, executive, and judicial powers. This is the core distinction every student of Indian polity must internalise.

Fifth Schedule: Scheduled Areas in Most States

Article 244(1) read with the Fifth Schedule provides the framework for the administration and control of Scheduled Areas and Scheduled Tribes in any state other than Assam, Meghalaya, Tripura, and Mizoram.

Coverage

Ten states currently have areas declared as Scheduled Areas under the Fifth Schedule: Andhra Pradesh, Telangana, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, and Rajasthan. The President, after consultation with the Governor, declares an area as Scheduled.

Governor’s powers

The Governor of a state with Scheduled Areas has special responsibilities. The Governor submits an annual report to the President on the administration of Scheduled Areas. The Governor can direct that a particular Act of Parliament or the State Legislature shall not apply to a Scheduled Area, or shall apply with specified modifications. The Governor may also make regulations for the peace and good government of Scheduled Areas, including regulation of land transfer to non-tribals and regulation of money-lending.

Tribes Advisory Council

Every state with Scheduled Areas must constitute a Tribes Advisory Council consisting of not more than twenty members, of whom three-fourths are representatives of Scheduled Tribes in the State Legislative Assembly. The Council advises on welfare and advancement matters.

PESA Act 1996

The Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA), extends the provisions of Part IX of the Constitution to Scheduled Areas with modifications. PESA recognises the Gram Sabha as a central institution, gives it powers over minor minerals, minor forest produce, money-lending, and consultation on land acquisition and resettlement.

Sixth Schedule: Tribal Areas in Four Northeastern States

Article 244(2) read with the Sixth Schedule provides for the administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram. This is a more autonomous arrangement than the Fifth Schedule.

Autonomous District Councils and Regional Councils

The Sixth Schedule establishes Autonomous District Councils (ADCs) for each tribal area. Where multiple tribes inhabit a single autonomous district, Regional Councils may be constituted for each tribe within that district. Major examples include the Bodoland Territorial Council and the Karbi Anglong Autonomous Council in Assam, the Khasi Hills, Jaintia Hills, and Garo Hills Autonomous District Councils in Meghalaya, the Tripura Tribal Areas Autonomous District Council in Tripura, and the Chakma, Lai, and Mara Autonomous District Councils in Mizoram.

Each Council has up to 30 members — 26 elected on the basis of adult franchise and 4 nominated by the Governor — with a term of five years.

Legislative powers

Councils have power to make laws on land (other than reserved forest), management of forests, water, agriculture, village or town administration, inheritance of property, marriage and divorce, social customs, and money-lending and trading by non-tribals. Council laws require the assent of the Governor.

Executive and judicial powers

Councils administer their areas, manage primary schools, dispensaries, markets, ferries, and roads. They can constitute village councils and courts for trying suits and offences where both parties are members of Scheduled Tribes, with sentencing powers subject to limits prescribed by the Governor. The High Court of the state has jurisdiction over Council courts to the extent specified by the Governor.

Financial powers

Councils can levy and collect specified taxes — on land and buildings, professions, trades, animals, vehicles, tolls on passengers and goods, and taxes on entry of goods into markets for sale. They share royalties from licences and leases for the extraction of minerals.

Reservation in Panchayati Raj Institutions

Under Part IX of the Constitution and PESA, Scheduled Tribes have reservation of seats and chairperson posts in Panchayati Raj Institutions in Scheduled Areas in proportion to the population of STs in the area, with the additional safeguard in PESA that the chairperson of every panchayat at every level in a Scheduled Area must be a member of a Scheduled Tribe. This is one of the strongest empowerment provisions for tribal communities in the Indian framework.

Income Tax Exemption Under Section 10(26)

Section 10(26) of the Income Tax Act exempts certain Scheduled Tribe members from income tax. The exemption applies to a member of a Scheduled Tribe as defined in Article 366(25) residing in specified areas — these include Sixth Schedule areas in Assam, Meghalaya, Tripura, and Mizoram, the states of Arunachal Pradesh, Manipur, Mizoram, Nagaland, Tripura, and Ladakh region of Jammu and Kashmir.

The exemption applies to income arising or accruing from any source in those areas and to dividend or interest on securities, subject to conditions. This is a fiscal recognition of tribal status in defined geographies and is often cited alongside Fifth and Sixth Schedule protections.

Key Differences at a Glance

The Fifth Schedule provides indirect administration through the Governor and the regular state machinery, with PESA empowering Gram Sabhas. The Sixth Schedule provides direct self-administration through Autonomous District and Regional Councils with legislative, executive, financial, and judicial powers. The Fifth Schedule covers most states with Scheduled Areas; the Sixth Schedule covers only Assam, Meghalaya, Tripura, and Mizoram.

For broader constitutional context, see the Seventh Schedule of Indian Constitution on legislative subjects and the Sixth Schedule of Indian Constitution for detailed mapping.

FAQs

Which states are covered under the Sixth Schedule?

Assam, Meghalaya, Tripura, and Mizoram are the four states covered under the Sixth Schedule of the Constitution.

Which states have Fifth Schedule Areas?

Ten states currently have Scheduled Areas under the Fifth Schedule: Andhra Pradesh, Telangana, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, and Rajasthan.

What is the role of the Governor under the Fifth Schedule?

The Governor reports annually to the President on Scheduled Areas, can modify or exclude the application of central and state laws in those areas, and can make regulations on land transfer and money-lending.

What powers do Autonomous District Councils have?

Sixth Schedule Councils have legislative powers on land, forests, customs, and inheritance; executive powers over local administration; judicial powers through village courts; and financial powers to levy specified taxes.

Is income tax exemption available to Scheduled Tribes in Scheduled Areas?

Yes. Section 10(26) of the Income Tax Act exempts members of Scheduled Tribes residing in specified areas, including Sixth Schedule areas and certain northeastern states, from income tax on income arising in those areas.

What is the PESA Act 1996?

PESA extends Part IX of the Constitution to Fifth Schedule areas, empowering Gram Sabhas with powers over minor minerals, minor forest produce, and consultation on land acquisition.

Is the chairperson of a panchayat in a Scheduled Area always from a Scheduled Tribe?

Yes, under PESA, the chairperson of every panchayat at every level in a Scheduled Area must be a member of a Scheduled Tribe.

How are members of Autonomous District Councils chosen?

Each Autonomous District Council has up to 30 members — 26 elected by adult franchise and 4 nominated by the Governor — with a five-year term.