Part X: Scheduled and Tribal Areas

Article 244: Administration of Scheduled and Tribal Areas

Original Article:

(1) The provisions of the Fifth Schedule shall apply to the administration and control of the Scheduled Areas and Scheduled Tribes in any State other than the States of Assam, Meghalaya, Tripura, and Mizoram.

(2) The provisions of the Sixth Schedule shall apply to the administration of the tribal areas in Assam, Meghalaya, Tripura, and Mizoram.

Amendments:

1. The words and letters "specified in Part A or Part B of the First Schedule" were omitted by the Constitution (Seventh Amendment) Act, 1956, (w.e.f. 1-11-1956).
2. Substituted by the North-Eastern Areas (Reorganisation) Act, 1971 (Act 81 of 1971), for "the State of Assam" (w.e.f. 21-1-1972).
3. Substituted by the Constitution (Forty-ninth Amendment) Act, 1984, for "and Meghalaya" (w.e.f. 14-1985).
4. Substituted by the State of Mizoram Act, 1986 (Act 34 of 1986), for "Meghalaya and Tripura" (w.e.f. 20-2-1987).
5. Substituted by the same Act 34 of 1986, for "Meghalaya and Tripura and the Union territory of Mizoram" (w.e.f. 20-2-1987).

Explanations:

Article 244 governs the administration of Scheduled Areas and Tribal Areas under the Fifth and Sixth Schedules. It ensures that indigenous communities maintain their rights, land, and customs within India's democratic framework.

Clause-by-Clause Explanations:

Clause (1) applies the Fifth Schedule to Scheduled Areas, ensuring governance through Tribal Advisory Councils and legislative powers of Governors.
Clause (2) introduces autonomous district councils for tribal areas under the Sixth Schedule, ensuring self-governance.

Historical Significance:

Article 244 reflects India's commitment to preserving tribal autonomy. For example, the Khasi, Garo, and Jaintia tribes of Meghalaya benefit from self-governance under the Sixth Schedule.

Debates and Deliberations:

In the Constituent Assembly, members deliberated the need for distinct provisions for Scheduled and Tribal Areas, emphasizing the importance of safeguarding cultural identities.