SPECIAL PROVISION FOR ADMINISTRATION OF TRIBAL DOMINATED AREAS,
DIFFERENCE BETWEEN 5TH SCHEDULE AND 6TH SCHEDULE:
5th Schedule for Schedule areas and 6th schedule for Tribal areas. In 6th schedule the governing authority is given to union centre and in 5th schedule the authority is given to state.
No of states under 6th Schedule – 4 namely- Assam,Mizoram, Meghalaya and Tripura.
While the 5th schedule envisage the creation of Tribal Areas and the 6th Schedule provides district and regional council with certain executive and judicial powers.
The governor power in 6th Schedule :
- The Governor has the power to declare any region or district as autonomous area or autonomous district
- He has also power to exclude,include any regions, unite any regions or alter the names and boundaries of the regions.
Article related : 275 => Regional council and 244 => District Council
These council is administered to empower their respective regions.
Max members=40 ( Exceptional BTAD where 46 members)
BTAD 46 members structure
Government has to select 6 members (unrepresented community from Bodoland) for the council and at least two members will be woman.
30 members are elected from adult suffrage(tribal people)
5 will be from reserved category.
5 will be from unreserved category.
Legislature powers of AUTONOMOUS Council:
- trade and finance
- Animal Husbandry and other lively stocks
- Primary and Secondary Education
- Health Sector(Public Health, Sanitation and Hospitals)
- Transport sector
- Social Security and Social Insurance
- Flood Control
- Entertainment including Theaters and Cinemas
- Minor Irrigation
- Libraries,Monuments and Museum
- Alienation of food
Council in Different States
- Assam- Bodoland Territorial Autonomous Council , Karbi Anglong Autonomous Council, Dima Hasao Autonomous District Council
- Meghalaya- Garo Autonomous district Council, Khasi Autonomous district Council, Jayantia Autonomous District Council.
- Mizoram – Chakma Autonomous District Council, Lai autonomous district Council and Mara autonomous district Council
- Tripura- Tripura Tribal Areas Autonomous District Council
Judicial Power of 6th Schedule
The laws made by state legislature on any subjects that comes within jurisdiction of council,would not extended within autonomous council unless it directs, so by public notification. The president in regard to the central act and Governor in regard to state act direct that central act and state act shall not apply to autonomous council or may be addressed to some modification if specified. The council is also endowed with wide civil and judicial powers, for example establishing village courts, jurisdiction of these council is subject to jurisdiction of the concerned High Court.
Judicial powers- The law made by state council can’t be applied directly to autonomous council unless it is notified by public.
The Governor and President direct that the state act and Central act shall not apply directly to autonomous council. However the council may be addressed to some modification if specified.
The council will get some wide civil and judicial powers e.g, Village Courts but the jurisdiction of these council is subject to jurisdiction of concerned high court.