Fifth Schedule Indian Constitution 1949

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Preamble Article 1-4 (THE UNION AND ITS TERRITORY) Article 5-11 (CITIZENSHIP) Article 12-13 (General) Article 14-18 (Right to Equality) Article 19-22 (Right to Freedom) Article 23-24 (Right against Exploitation) Article 25-28 (Right to Freedom of Religion) Article 29-31 (Cultural and Educational Rights) Article 31A-31D (Saving of Certain Laws) Article 32-35 (Right to Constitutional Remedies) Article 36-43B Article 44-51 Article 51A (Fundamental duties) Article 52-61 Article 62-71 Article 72-78 Article 79-88 Article 89-98 (Officers of Parliament) Article 99-100 (Conduct of Business) Article 101-104 (Disqualifications of Members) Article 105-106 (Powers, Privileges and Immunities of Parliament and its Member) Article 107-111 (Legislative Procedure) Article 112-117 (Procedure in Financial Matters) Article 118-122 (Procedure Generally) Article 123 (Power of President to promulgate Ordinances during recess of Parliament) Article 124-131A Article 132-139A Article 140-147 Article 148-151 (COMPTROLLER AND AUDITOR-GENERAL OF INDIA) Article 152-162 Article 163-167 Article 168-177 (THE STATE LEGISLATURE – General) Article 178-187 (Officers of the State Legislature) Article 188-195 Article 196-201 (Legislative Procedure) Article 202-207 (Procedure in Financial Matters) Article 208-212 (Procedure Generally ) Article 213 (Power of Governor to promulgate Ordinances during recess of Legislature) Article 214-223 Article 224-232 Article 233-237 (SUBORDINATE COURTS ) Article 238-242 Article 243-243G Article 243H-243O Article 243P-243Y Article 243Z-243ZG Article 243ZH-243ZT Article 244-244A (THE SCHEDULED AND TRIBAL AREAS) Article 245-255 (Distribution of Legislative Powers) Article 256-263 Article 264-267 (FINANCE – General) Article 268-281 (Distribution of Revenues between the Union and the States) Article 282-291 (Miscellaneous financial provisions) Article 292-293 (BORROWING) Article 294-300 (Miscellaneous financial provisions) Article 300A-307 Article 308-314 Article 315-323 Article 323A-329A (TRIBUNALS) Article 330-336 (Miscellaneous financial provisions) Article 337-342A (Miscellaneous financial provisions) Article 343-351 (OFFICIAL LANGUAGE) Article 352-360 (EMERGENCY PROVISIONS) Article 361-367 (MISCELLANEOUS) Article 368-371J Article 372-392 Article 393-395 First Schedule Second Schedule Third Schedule Fourth Schedule Fifth Schedule Sixth Schedule Seventh Schedule Eighth Schedule Ninth Schedule Tenth Schedule Eleventh Schedule Twelfth Schedule Appendix I-IV (Not available)

5th Schedule Indian Constitution 1949

Table of Contents

[Article 244(1)]

Provisions as to the Administration and Control of Scheduled Areas and Scheduled Tribes

PART A

GENERAL

1. Interpretation.—In this Schedule, unless the context otherwise requires, the expression “State” does not include the [States of Assam [ Meghalaya, Tripura and Mizoram.]

2. Executive power of a State in Scheduled Areas.—Subject to the provisions of this Schedule, the executive power of a State extends to the Scheduled Areas therein.

3. Report by the Governor to the President regarding the administration of Scheduled Areas.—The Governor of each State having Scheduled Areas therein shall annually, or whenever so required by the President, make a report to the President regarding the administration of the Scheduled 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

ADMINISTRATION AND CONTROL OF SCHEDULED AREAS AND SCHEDULED TRIBES

4. Tribes Advisory Council.—(1) There 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 twenty members of whom, as nearly as may be, three-fourths 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 Tribes Advisory Council 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 Tribes Advisory Council to advise on such matters pertaining to the welfare and advancement of the Scheduled Tribes in the State as may be referred to them by the Governor .

(3) The Governor may make rules prescribing or regulating, as the case may be,—
(a) the number of members of the Council, the mode of their appointment and the appointment of the Chairman of the Council and of the officers and servants thereof;
(b) the conduct of its meetings and its procedure in general; and
(c) all other incidental matters.

5. Law applicable to Scheduled Areas.—

(1) Notwithstanding anything in this Constitution, the Governor may by public notification direct that any particular Act of Parliament or of the Legislature of the State shall not apply to a Scheduled Area or any part thereof in the State or shall apply to a Scheduled Area or any part thereof in the State subject to such exceptions and modifications as he may specify in the notification and any direction given under this sub-paragraph may be given so as to have retrospective effect.

(2) The Governor may make regulations for the peace and good government of any area in a State which is for the time being a Scheduled Area.

In particular and without prejudice to the generality of the foregoing power, such regulations may—
(a) prohibit or restrict the transfer of land by or among members of the Scheduled Tribes in such area;
(b) regulate the allotment of land to members of the Scheduled Tribes in such area;
(c) regulate the carrying on of business as money-lender by persons who lend money to members of the Scheduled Tribes in such area.

(Fifth Schedule)

(3) In making any such regulation as is referred to in sub-paragraph (2) of this paragraph, 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 Tribes Advisory Council for the State, consulted such Council.

PART C

SCHEDULED AREAS

6. Scheduled Areas.—

(1) In this Constitution, the expression “Scheduled Areas” means such areas as the President may by order3 declare to be Scheduled Areas.

(2) The President may at any time by order—
(a) direct that the whole or any specified part of a Scheduled Area shall cease to be a Scheduled Area or a part of such an area;
(aa) increase the area of any Scheduled Area in a State after consultation with the Governor of that State;
(b)alter, but only by way of rectification of boundaries, any Scheduled Area;
(c) on any alteration of the boundaries of a State or on the admission into the Union or the establishment of a new State, declare any territory not previously included in any State to be, or to form part of, a Scheduled Area;

[(d) rescind, in relation to any State or States, any order or orders made under this paragraph, and in consultation with the Governor of the State concerned, make fresh orders redefining the areas which are to be Scheduled Areas;]

and any such order may contain such incidental and consequential provisions as appear to the President to be necessary and proper, but save as aforesaid, the order made under sub-paragraph (1) of this paragraph shall not be varied by any subsequent order.

PART D

AMENDMENT OF THE SCHEDULE

7. Amendment of the Schedule.—

(1) Parliament may from time to time by law amend by way of addition, variation or repeal any of the provisions of this Schedule and, when the Schedule is so amended, any reference to this Schedule in this Constitution shall be construed as a reference to such Schedule as so amended.

(2) No such law as is mentioned in sub-paragraph (1) of this paragraph shall be deemed to be an amendment of this Constitution for the purposes of article 368.

See also:

4th Schedule Indian Constitution 1949

6th Schedule Indian Constitution 1949