Fifth Schedule and the TAC
Fifth Schedule and the TAC
The Fifth Schedule of the Constitution creates a special administrative regime for Scheduled Areas. In Jharkhand it gives the Governor extraordinary powers over laws and land, and it creates the Tribes Advisory Council chaired by the Chief Minister.
Fifth Schedule — Article 244(1) | TAC — up to 20 members | Chaired in Jharkhand by the Chief Minister
What the Fifth Schedule does
- Applies to Scheduled Areas in states other than the north-eastern Sixth Schedule states
- Constitutional reference — Article 244(1)
- The President declares an area to be a Scheduled Area
- The Governor may direct that a central or state law shall not apply, or apply with modification
- The Governor may make regulations for peace and good government
- Such regulations may restrict land transfer and regulate money lending
- The Governor submits an annual report on the areas to the President
Scheduled Areas in Jharkhand
- Scheduled Areas cover the tribal-majority tracts of the state
- Under the state's PESA rules the provisions apply fully in 13 districts and partly in 3
- These are broadly the South Chotanagpur, Kolhan, Santhal Pargana and Palamu belts
- In these areas the CNT and SPT land laws also operate
- Panchayat chairperson posts in these areas are reserved for Scheduled Tribes
The Tribes Advisory Council
- Set up under the Fifth Schedule to advise on the welfare of Scheduled Tribes
- Membership — a maximum of 20 members
- About three-fourths are ST members of the state legislative assemblyबार-बार पूछा जाता है
- In Jharkhand the Chief Minister chairs the TAC
- It advises on matters referred to it by the Governor
- Subjects include PESA implementation, land laws and preservation of tribal culture
Fifth Schedule at a glance
| Item | Detail |
|---|---|
| Constitutional article | Article 244(1) |
| Who declares Scheduled Areas | The President |
| Special powers over laws | The Governor |
| Advisory body | Tribes Advisory Council |
| Maximum TAC members | 20 |
| Share of ST MLAs in TAC | About three-fourths |
| Annual report goes to | The President |
Why this matters in practice
- It is the constitutional basis for treating tribal land as specially protected
- It is used to argue that gram sabha consent is needed for land acquisition
- Debate continues on whether the TAC should be advisory or binding
- Debate also continues on whether the Governor or the Chief Minister should chair it
- Every land, mining and forest dispute in the state eventually reaches these provisions
पांचवीं अनुसूची अनुसूचित क्षेत्रों के लिए विशेष प्रशासनिक व्यवस्था बनाती है, जबकि छठी अनुसूची पूर्वोत्तर के कुछ राज्यों पर लागू होती है। झारखंड पांचवीं अनुसूची के अंतर्गत आता है।
Memory hook — Do ankde ek saath — Anuchhed 244(1), TAC me adhiktam 20 sadasya. Aur ek jod — Paanchvi = Jharkhand, Chhathi = Poorvottar.
Yahan confuse hote hain — Paanchvi aur Chhathi Anusuchi alag hain, aur kaun ghoshna karta hai ye bhi ulta yaad rehta hai.
✗ Jharkhand's tribal areas come under the Sixth Schedule | ✓ Jharkhand comes under the Fifth Schedule; the Sixth Schedule is for certain north-eastern states
✗ Anusuchit kshetra ki ghoshna Rajyapal karte hain | ✓ Ghoshna Rashtrapati karte hain; Rajyapal ko vishesh shaktiyan milti hain
Exam pointer — JPSC ka ye core topic hai — Prelims me anuchhed aur sadasya sankhya, Mains me 'TAC ki bhoomika kitni prabhavi hai' type prashn. JSSC CGL aur JKCE me seedha — TAC ke adhyaksh kaun, Paanchvi Anusuchi ka anuchhed kaunsa. Isko PESA ke saath ek hi baithak me padho.
Ek nazar me
- Fifth Schedule — Article 244(1)
- Scheduled Areas declared by the President
- Governor may bar or modify laws there
- Governor may make regulations on land transfer and money lending
- Governor sends an annual report to the President
- PESA rules apply fully in 13 districts, partly in 3
- TAC advises on Scheduled Tribe welfare
- TAC has a maximum of 20 members
- About three-fourths are ST MLAs
- In Jharkhand the Chief Minister chairs the TAC