Reality Check : Implementation Of Fifth Schedule In Jharkhand State

In the light of recent Maoists’ attack in Chattishgarh state on the Congress party’s campaign trail, lots of discussions have started on how the Maoist forces are slowly but steadily getting themselves firmly entrenched in the tribal areas and launching much more daring and direct attacks. According to some political observers, perhaps our country has reached such an alarming situation because of the non-implementation of the constitutional provisions in the tribal areas, which has led to growing discontent among the local tribal population which in turn has swelled the ranks of Maoists’ forces.

Today, we look at the pertinent provisions of the Fifth schedule of our Indian constitution, to give you an idea about how the successive governments have forgotten about Fifth Schedule in Jharkhand.

What is in Fifth Schedule of Indian Constitution?

It is also described as Article 244 (1), which lists out the provisions as to the administration and control of Schedule Areas and Schedule Tribes.

Part A

The Governor of each State having Schedule areas therein shall annually, or whenever so required by the President, make a report to the President, regarding the administration of the Schedule Areas in that State and the executive power of the Union shall extend to the giving of directions to the State as to the administration of the said areas.

Part B

Tribal Advisory Council (TAC)

1 TAC shall be established in each state having Scheduled Areas therein and, if the President so directs, also in any state having Scheduled Tribes but not Scheduled Areas therein, a Tribes Advisory Council consisting of not more than 20 members of whom, as nearly as may be, 3/4th shall be the representatives of the Scheduled Tribes in the Legislative Assembly of the State:Provided that if the number of representatives of the Scheduled Tribes in the Legislative Assembly of the State is less than the number of seats in the TAC to be filled by such representatives, the remaining seats shall be filled by other members of those tribes.
2 It shall be the duty of the TAC to advice on such matters pertaining to the welfare and advancement of the Scheduled Tribes in the state as may be referred to them by Governor.

Laws applicable to Schedule Areas

1 Notwithstanding anything in this constitution, the Governor may be public notification direct that any particular Act of Parliament or of the Legislature of the State shall not apply to a Schedule Area or any part thereof in the State subject to such exception and modifications as he may specify in the notification and any direction may be given so as to have retrospective effect.
2 The Governor may make regulations for the peace and good government of any areas in a State which is for the time being a Scheduled Areas.
3 In making any such regulation, the Governor may repeal or amend any Act of Parliament or of the Legislature of the State or any existing law which is for the time being applicable to the area in question.
4 All regulations made under this paragraph shall be submitted forthwith to the President and, until assented to by him, shall have no effect.
5 No regulation shall be made under this paragraph unless the governor making the regulation has, in the case where there is a Tribal Advisory Council for the state, consulted such council.

 

# Non-Implementation Of Fifth Schedule In Jharkhand

It is clear that the successive Jharkhand governments including the office of Governor in the last 13 years or so, have failed in implementing the provisions of Fifth Schedule in the state. It also seems that the Tribal Advisory Council was never given a chance to establish itself and flourish as an effective administrative tool to monitor the welfare of people living in the Scheduled areas.

india-jharkhand-

No wonder, Jharkhand state always hogs the lime-light whenever poor-governance is mentioned.

Sameer Bhagat
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Sameer Bhagat

Author, Salvaging Adidweep.
Sameer Bhagat
Join me
Sameer Bhagat

Written by

Author, Salvaging Adidweep.

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