📜 Article 244 of the Indian Constitution
Title: Administration of Scheduled Areas and Tribal Areas
Part: X – The Scheduled and Tribal Areas
🔹 Text Summary of Article 244:
Article 244 provides for the special administration of areas where Scheduled Tribes (STs) are socially and economically disadvantaged. These are known as Scheduled Areas (under Fifth Schedule) and Tribal Areas (under Sixth Schedule).
🧠 Breakdown of Article 244:
| 🧾 Clause | 📘 Provision |
|---|---|
| 244(1) | Provisions of the Fifth Schedule apply to the Scheduled Areas in states other than Assam, Meghalaya, Tripura, and Mizoram. |
| 244(2) | Provisions of the Sixth Schedule apply to Tribal Areas in the states of: |
| 🔸 Assam | |
| 🔸Meghalaya | |
| 🔸 Tripura | |
| 🔸 Mizoram |
🗂️ Two Schedules Involved:
| 📘 Schedule | 📌 Applies To | 🧭 Focus |
|---|---|---|
| Fifth Schedule | Scheduled Areas in mainland states | Governance of ST areas via Governor and Tribes Advisory Council |
| Sixth Schedule | Tribal Areas in North-East India | Autonomous District & Regional Councils with legislative powers |
📍 States with Scheduled Areas (5th Schedule):
| ✅ Examples include:
| Madhya Pradesh, Chhattisgarh, Odisha, Jharkhand, Maharashtra, Rajasthan, Gujarat, Andhra Pradesh, Telangana |
📍 States with Tribal Areas (6th Schedule):
| ✅ Only these 4 states:
| Assam, Meghalaya, Tripura, Mizoram |
🔁 Related Articles:
| Article | Subject |
|---|---|
| 244 | Application of 5th & 6th Schedules |
| 244A | Special provision for creating autonomous state in Assam |
| 275 | Grants-in-aid for ST welfare |
| 339 | Union’s control over ST welfare |
🧠 In Simple Words:
Article 244 allows special administrative mechanisms for areas with high tribal populations, ensuring their customs, autonomy, and development are protected under either the Fifth or Sixth Schedule.
Here is a 📊 Comparison Chart of the Fifth Schedule vs Sixth Schedule – based on Article 244 of the Indian Constitution. This is essential for understanding the governance of Scheduled and Tribal Areas in India.
🏞️ Fifth Schedule vs Sixth Schedule – Comparison Chart
| 🔢 Feature | 🧾 Fifth Schedule | 🧾 Sixth Schedule |
|---|---|---|
| 🏛️ Applicable Article | Article 244(1) | Article 244(2) |
| 📍 Area of Application | Scheduled Areas in all states except 4 NE states | Tribal Areas in 4 North-Eastern states |
| 🗺️ States Covered | MP, Chhattisgarh, Jharkhand, Odisha, Maharashtra, Rajasthan, Gujarat, Andhra Pradesh, Telangana, Himachal Pradesh | Assam, Meghalaya, Tripura, Mizoram |
| 👥 Target Group | Scheduled Tribes in general | Tribal populations with distinct customs and governance |
| 🧑⚖️ Governing Authority | Governor of the State | Autonomous District Councils & Regional Councils |
| 🧠 Governance Mechanism | - Governor reports to President |
-
Tribes Advisory Council (TAC) in each state
-
President can declare/remove Scheduled Areas | - Autonomous District & Regional Councils
-
Councils have legislative, judicial & financial powers |
| 🏛️ Legislative Powers | Limited — subject to state laws | Autonomous Councils can make laws on land, forest, customs, etc. |
| 🛕 Autonomy Level | Low to Moderate | High Autonomy |
| 🧾 Panchayati Raj Applicability | Panchayats can be extended with modifications | Not applicable unless extended by state law |
| 🏛️ Judicial Powers | Governor can make regulations | Councils can set up courts for tribal justice |
| 💬 Language & Customs Protection | Indirect | Explicit — councils protect local languages and customs |
| 🧾 Constitutional Source | Fifth Schedule of the Constitution | Sixth Schedule of the Constitution |
🧠 In Simple Terms:
-
🟢 Fifth Schedule: Applies to mainland tribal areas; less autonomy, more Governor-centric.
-
🔵 Sixth Schedule: Applies to Northeast tribal areas; more autonomy with local self-government via Autonomous Councils.
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