Scheduled Areas in respect of Rajasthan

The Union Cabinet Chaired by Prime Minister Shri Narendra Modi has given approval to the declaration of Scheduled Areas in respect of Rajasthan under Fifth Schedule to the Constitution of India by rescinding the Constitution Order (C. O.)114 dated 12th February 1981 and promulgation of a new Constitution Order.

The promulgation of new C. O. will ensure that the Scheduled Tribes of Rajasthan will get benefits of protective measures available under the Fifth Schedule to the Constitution of India.

The Rajasthan Government has requested for extension of Scheduled Areas in the State of Rajasthan under Fifth Schedule to the Constitution of India.

As per the Fifth Schedule {Article 244(1)} to the Constitution of India, the expression ‘Scheduled Areas’ means ‘such areas as the President may by order declare to be Scheduled Areas’.

Alternation of boundaries: In accordance with the provisions of paragraph 6(2) of the Fifth Schedule to the Constitution, the President may at any time by order increase the area of any Scheduled Area in a State after consultation with the Governor of that State; 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.

The current fifth scheduled areas are in the states of Andhra Pradesh, Telangana, Gujarat, Jharkhand, Chhattisgarh, Himachal Pradesh, Madhya Pradesh, Maharashtra, Odisha and Rajasthan.

Administration of these areas:

The Executive power of the Union shall extend to giving directions to the respective States regarding the administration of the Scheduled Areas.

The Governors of the State in which there are “Scheduled areas” have to submit reports to the President regarding the administration of such Areas, annually or whenever required by the President.

Tribes Advisory Councils are to be constituted to give advice on such matters as welfare and advancement of the Scheduled Tribes.

The Governor is authorised to direct that any particular Act of Parliament or of the Legislature of the State shall not apply to a Scheduled Area or shall apply, only subject to exceptions or modifications. The Governor is also authorised to make regulations to prohibit or restrict the transfer of land by, or among members of the Scheduled Tribes.

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.

These provisions of the Constitution relating to the administration of the Scheduled Areas and Tribes may be altered by Parliament or by ordinary legislation.

The Constitution provides for the appointment of a Commission to report on the administration of the Scheduled Areas and the welfare of the Scheduled Tribes in the States.

The President may appoint such Commission at any time, but the appointment of such Commission at the end of 10 years from the commencement of the Constitution was obligatory.

Please follow and like us:

Leave a Reply

Your email address will not be published. Required fields are marked *