Article 244

Article 244 of the Indian Constitution lays down the framework for the administration and governance of Scheduled Areas and Tribal Areas, which are predominantly inhabited by Scheduled Tribes (STs). It provides for special administrative arrangements aimed at protecting the social, economic, and cultural rights of India’s tribal communities. These provisions recognise the unique historical and socio-economic conditions of tribal populations and ensure that governance in such areas respects their traditional institutions, land rights, and customs.

Constitutional Background and Purpose

India’s tribal communities, concentrated in geographically isolated regions, have historically been vulnerable to exploitation, marginalisation, and land alienation. To safeguard their interests, the framers of the Constitution incorporated Article 244 along with the Fifth and Sixth Schedules, ensuring differentiated governance mechanisms suited to their local contexts.
While the Fifth Schedule applies to tribal areas in most states, the Sixth Schedule specifically caters to the distinct political and cultural conditions of the North-Eastern states. Together, they form the constitutional foundation for tribal self-governance in India.

Structure of Article 244

Article 244 is divided into two clauses, each referring to a separate constitutional schedule for the administration of tribal regions:

1. Article 244(1) – Relates to the Fifth Schedule, which governs Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram.
2. Article 244(2) – Refers to the Sixth Schedule, which applies exclusively to tribal areas in Assam, Meghalaya, Tripura, and Mizoram.

Article 244(1): The Fifth Schedule — Administration of Scheduled Areas

The Fifth Schedule deals with the administration and control of Scheduled Areas in states outside the North-Eastern region. It empowers the Governor and the President to play pivotal roles in protecting tribal rights and promoting welfare.

Key Features of the Fifth Schedule

1. Declaration of Scheduled Areas

• The President of India is empowered to declare any area as a Scheduled Area and to alter its boundaries or rescind its status.
• Scheduled Areas are identified based on the concentration of tribal populations, geographical isolation, and socio-economic backwardness.

2. Role of the Governor

• The Governor of each state having Scheduled Areas has special responsibilities for the peace and good governance of these regions.
• Under Paragraph 5 of the Fifth Schedule, the Governor may:
  • Make regulations to prohibit or restrict the transfer of tribal lands to non-tribals.
  • Regulate the allotment of land and money-lending to protect tribal interests.
  • Modify or repeal any existing laws inconsistent with tribal welfare.
• Such regulations require presidential assent before taking effect.

3. Tribes Advisory Council (TAC)

• Each state having Scheduled Areas must establish a Tribes Advisory Council, comprising not more than 20 members, of whom three-fourths must be representatives of the Scheduled Tribes in the Legislative Assembly.
• The TAC advises the Governor on matters concerning the welfare and advancement of Scheduled Tribes.

4. Annual Report and Presidential Oversight

• The Governor is required to submit annual reports to the President regarding the administration of Scheduled Areas.
• The President may issue directions to the state government based on these reports to ensure effective governance and protection of tribal rights.

5. Objectives of the Fifth ScheduleThe key objectives are:

• To protect tribal land and forest rights;
• To preserve cultural identity and autonomy;
• To ensure social and economic development without disrupting traditional life; and
• To prevent exploitation of tribals by non-tribals or external agencies.

Article 244(2): The Sixth Schedule — Administration of Tribal Areas in North-Eastern States

The Sixth Schedule provides a unique system of autonomous administration for certain tribal areas in the North-Eastern states of Assam, Meghalaya, Tripura, and Mizoram. It recognises the distinct cultural identity, customs, and traditional governance systems of North-Eastern tribes.

Key Features of the Sixth Schedule

1. Autonomous District and Regional Councils

• The Sixth Schedule establishes Autonomous District Councils (ADCs) and Regional Councils in the specified tribal areas.
• These councils function as mini-legislatures and local governments, enabling tribal communities to exercise self-governance.
• Examples include:
  • Bodoland Territorial Council (BTC) in Assam,
  • Khasi Hills Autonomous District Council in Meghalaya,
  • Tripura Tribal Areas Autonomous District Council, etc.

2. Legislative Powers

• The Autonomous Councils can make laws on subjects such as:
  • Land management, agriculture, and forest resources;
  • Social customs, marriage, and inheritance;
  • Village administration and public health.
• Laws passed by the Councils require the Governor’s assent to become effective.

3. Executive and Judicial Functions

• The Councils have executive powers over subjects they legislate on and can establish village courts to adjudicate disputes according to tribal customs.
• They also manage local development, resource allocation, and educational initiatives.

4. Financial Autonomy

• The Councils are empowered to levy and collect taxes on land, markets, and trade within their jurisdiction.
• They receive grants-in-aid from the Consolidated Fund of the state and the Centre to carry out developmental works.

5. Role of the Governor

• The Governor acts as a link between the state government and the Autonomous Councils, ensuring harmony between local autonomy and constitutional oversight.
• The Governor can dissolve councils in cases of maladministration or constitutional violations.

Important Judicial Pronouncements

The judiciary has played a key role in interpreting Article 244 and the constitutional safeguards for tribal areas.

• Samatha v. State of Andhra Pradesh (1997) – The Supreme Court held that transfer of land in Scheduled Areas to non-tribals is unconstitutional, reinforcing the principle of protecting tribal land ownership.
• Narmada Bachao Andolan v. Union of India (2000) – The Court addressed the rehabilitation rights of tribals affected by large development projects, underscoring the need for balancing development with social justice.
• State of Jharkhand v. Brahmdeo Chaudhary (2003) – Reaffirmed that tribal land acquisition must adhere to special constitutional safeguards provided under the Fifth Schedule.
• R. C. Poudyal v. Union of India (1994) – Recognised the special political and administrative arrangements for North-Eastern states under the Sixth Schedule as constitutionally valid and essential for preserving tribal identity.

Significance of Article 244

Article 244, along with the Fifth and Sixth Schedules, represents a cornerstone of India’s constitutional policy toward Scheduled Tribes. Its significance lies in:

• Protection of Tribal Land and Culture: Safeguards tribal ownership of land and natural resources.
• Decentralised Governance: Empowers local tribal councils and advisory bodies to make decisions suited to their customs.
• Preservation of Identity: Promotes the social and cultural integrity of tribal communities.
• Socio-Economic Development: Ensures that development policies are inclusive and sensitive to tribal needs.
• Preventing Exploitation: Shields tribal populations from external economic and political pressures.

Implementation Challenges

Despite constitutional protections, several challenges persist in the effective implementation of Article 244:

• Land alienation and displacement due to industrial and mining activities continue in many Scheduled Areas.
• Weak functioning of Tribes Advisory Councils and inadequate oversight by Governors.
• Political interference and bureaucratic control over autonomous institutions undermine tribal self-governance.
• Delayed reforms in aligning local laws and administrative practices with constitutional mandates.

Contemporary Developments

• Strengthening of Autonomous Councils: Recent discussions have focused on devolving greater administrative and financial powers to District Councils under the Sixth Schedule.
• Policy Initiatives: Programmes like Vanbandhu Kalyan Yojana, Eklavya Model Residential Schools, and the Scheduled Tribes Component (STC) aim to enhance education, health, and livelihoods in tribal areas.
• Judicial and Legislative Reforms: Proposals to enhance the accountability of state governments and governors in Scheduled Area administration are under consideration.