The Republic of India

Bharat Samvidhan
Administration and Control of Scheduled Areas and Scheduled Tribes
Fifth Schedule

Fifth Schedule · Article 244(1)

Administration and Control of Scheduled Areas and Scheduled Tribes

Prescribes the special constitutional machinery for the administration and protection of Scheduled Areas and Scheduled Tribes in States other than Assam, Meghalaya, Tripura and Mizoram (which are covered by the Sixth Schedule).

Part A — General

The executive power of a State extends to Scheduled Areas therein. The Governor must submit an annual report to the President regarding the administration of the Scheduled Areas.

Part B — Administration and Control of Scheduled Areas and Scheduled Tribes

  • Tribes Advisory CouncilEstablished in each State having Scheduled Areas, with up to twenty members, three-fourths of whom are representatives of the Scheduled Tribes in the State Legislative Assembly.
  • Law applicable to Scheduled AreasThe Governor may, by public notification, direct that any particular Act of Parliament or the State Legislature shall not apply, or shall apply with modifications, to a Scheduled Area.
  • Regulations by the GovernorThe Governor may make regulations for the peace and good government of any area which is for the time being a Scheduled Area, including regulations that (a) prohibit or restrict the transfer of land by or among members of the Scheduled Tribes; (b) regulate the allotment of land; and (c) regulate the business of money-lending.

Part C — Scheduled Areas

"Scheduled Areas" means such areas as the President may by order declare to be Scheduled Areas. The President may at any time by order increase, alter, rescind or make fresh orders relating to Scheduled Areas.

Part D — Amendment of the Schedule

Parliament may from time to time by law amend by way of addition, variation or repeal any of the provisions of this Schedule; such amendment shall not be deemed to be an amendment of the Constitution for the purposes of Article 368.

Source: Constitution of India, Legislative Department, Ministry of Law and Justice, Government of India. Reproduced under s.52(1)(q), Copyright Act 1957. Where entries have been abridged for readability, the authoritative text remains the official version.