Tribal Administration in India: Tribal Advisory Councils, Autonomous District Councils and the Sixth Schedule

Tribal administration in India is structured under special constitutional mechanisms designed to preserve indigenous traditions, grant local autonomy, and protect land rights. Recognizing the distinct socio-cultural identity of tribal communities, the Constitution divides tribal administration primarily between the Fifth Schedule, which applies to designated Scheduled Areas across ten states, and the Sixth Schedule, which establishes self-governing autonomous councils in four northeastern states. These frameworks balance national integration with grassroots decentralization through constitutional bodies like Tribal Advisory Councils and Autonomous District Councils.

Fifth Schedule and Tribal Advisory Councils

Constitutional Basis and Area Allocation

The Fifth Schedule under Article 244(1) applies to the administration and control of Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram. Ten states currently possess Fifth Schedule areas: Andhra Pradesh, Telangana, Jharkhand, Odisha, Chhattisgarh, Madhya Pradesh, Rajasthan, Gujarat, Maharashtra, and Himachal Pradesh. The President of India declares, alters, or rescinds Scheduled Areas after consulting the Governor of the concerned state. Criteria for declaring an area as Scheduled include a preponderance of tribal population, compactness of the area, a viable administrative entity, and marked economic backwardness.

Role and Structure of Tribal Advisory Councils

Article 244(1) mandates the establishment of a Tribal Advisory Council (TAC) in each state having Scheduled Areas. If the President directs, a state having Scheduled Tribes but no Scheduled Areas can also set up a TAC.

• Composition: A Tribal Advisory Council consists of a maximum of 20 members. At least three-fourths (15 members) must be representatives of the Scheduled Tribes in the State Legislative Assembly.
• Function: The TAC advises the Governor on matters pertaining to the welfare and advancement of Scheduled Tribes in the state referred to them.
• Governor’s Powers: The Governor can make regulations prohibiting or restricting the transfer of land by or among tribal members, regulating money lending, and directing that a specific Central or State Act does not apply to a Scheduled Area or applies with modifications.

Sixth Schedule and Autonomous District Councils

Constitutional Scope and Coverage

The Sixth Schedule under Article 244(2) and Article 275(1) contains special provisions for the administration of tribal areas in four northeastern states: Assam, Meghalaya, Tripura, and Mizoram. Unlike the Fifth Schedule, which focuses on administrative oversight, the Sixth Schedule grants high operational autonomy through local self-governing bodies called Autonomous District Councils (ADCs) and Regional Councils.

Structure and Composition of Autonomous District Councils

Each Autonomous District Council functions as a localized mini-legislature and administrative unit.

• Membership Strength: An Autonomous District Council consists of a maximum of 30 members. Out of these, 26 members are elected through adult franchise for a five-year term, while the Governor nominates 4 members who hold office during the Governor’s pleasure.
• Exception: The Bodoland Territorial Council in Assam is an exception to the 30-member norm, possessing 46 members (40 elected and 6 nominated).
• Regional Councils: If there are different Scheduled Tribes in an autonomous district, the Governor can divide the area into Autonomous Regions, each governed by a separate Regional Council.

Powers and Functions of ADCs

• Legislative Powers: ADCs can make laws on land allotment, forest management (excluding reserved forests), inheritance of property, marriage, divorce, social customs, and the appointment of traditional chiefs. Laws passed by the ADC require the assent of the State Governor.
• Judicial Powers: ADCs and Regional Councils can constitute village councils and courts to try suits and cases where both parties belong to Scheduled Tribes. High Court jurisdiction over these matters is specified by the Governor.
• Executive and Financial Powers: ADCs assess and collect land revenue, levy taxes on vehicles, professions, trades, and entry of goods into markets. They receive grants-in-aid from the Consolidated Fund of India under Article 275(1).

Comparison of Fifth and Sixth Schedules

Key Autonomous District Councils in Northeast India

Assam

• Bodoland Territorial Council
• Karbi Anglong Autonomous Council
• North Cachar Hills Autonomous District Council (Dima Hasao)

Meghalaya

• Khasi Hills Autonomous District Council
• Garo Hills Autonomous District Council
• Jaintia Hills Autonomous District Council

Tripura

• Tripura Tribal Areas Autonomous District Council

Mizoram

• Chakma Autonomous District Council
• Mara Autonomous District Council
• Lai Autonomous District Council

Statutory Frameworks Complementing Tribal Governance

Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA)

PESA extends the provisions of Part IX (Panchayats) of the Constitution to the Fifth Schedule areas with necessary modifications. It empowers Gram Sabhas as the nucleus of local governance.

• Mandatory Consultations: Gram Sabhas must be consulted before acquiring land for development projects or rehabilitating displaced tribal households.
• Resource Rights: Gram Sabhas hold ownership over Minor Forest Produce (MFP), authority to enforce prohibition of intoxicants, power to control local money lending, and mandatory approval over minor mineral mining leases.

Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006

Popularly known as the Forest Rights Act (FRA), it recognizes individual forest rights (IFR) for habitation and self-cultivation, alongside community forest rights (CFR) over traditional forest resources. Gram Sabhas initiate the process for determining the nature and extent of forest rights.

Facts for Quick Revision

• Article 244 governs the administration of Scheduled Areas and Tribal Areas in India.
• Article 244(1) deals with the Fifth Schedule; Article 244(2) deals with the Sixth Schedule.
• Ten states contain Fifth Schedule areas: Andhra Pradesh, Telangana, Jharkhand, Odisha, Chhattisgarh, Madhya Pradesh, Rajasthan, Gujarat, Maharashtra, and Himachal Pradesh.
• A Tribal Advisory Council consists of up to 20 members, with at least 15 being tribal MLAs of the state.
• The Sixth Schedule applies to four states: Assam, Meghalaya, Tripura, and Mizoram (remembered as AMTM).
• Standard Autonomous District Councils have 30 members (26 elected, 4 nominated by the Governor).
• The Bodoland Territorial Council in Assam has 46 members.
• The President declares or alters Fifth Schedule areas; the Governor alters or renames boundaries of Sixth Schedule Autonomous Districts.
• Grants-in-aid for Sixth Schedule councils flow under Article 275(1) of the Constitution.
• PESA Act was enacted in 1996 on the recommendations of the Dilip Singh Bhuria Committee.
• Under PESA, Gram Sabhas hold statutory ownership over Minor Forest Produce (MFP).
• Dhebar Commission (1960–61) recommended creating the category of Particularly Vulnerable Tribal Groups (PVTGs).
• The Ministry of Tribal Affairs was created in 1999 after bifurcating the Ministry of Social Justice and Empowerment.