Declaration Of 5th Schedule

Declaration of 5th Schedule

The Fifth Schedule under Article 244(1) of the Constitution contains provisions regarding administration of Scheduled Areas other than in Northeast India. 
  • As per the Constitutional provision under Article 244 (1) of the Constitution of India, the ‘Scheduled Areas’ are defined as ‘such areas as the President may by order declare to be Scheduled Areas’ – as per paragraph 6(1) of the Fifth Schedule of the Constitution of India.
  • The specification of “Scheduled Areas” in relation to a State is by a notified order of the President, after consultation with the Governor of that State.
  • In accordance with the provisions of paragraph 6(2) of the Fifth Schedule of the Constitution of India, the President may increase the area of any Scheduled Area in a State after consultation with the Governor of that State; and make fresh orders redefining the areas which are to be Scheduled Areas in relation to any State. The same applies in the case of any alteration, increase, decrease, incorporation of new areas, or rescinding any Orders relating to “Scheduled Areas”.
  • At present, Scheduled Areas have been declared in the States of Andhra Pradesh (including Telangana), Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha and Rajasthan.
The criteria for declaring any area as a “Scheduled Area” under the Fifth Schedule are:
  • Preponderance of tribal population
  • Compactness and reasonable size of the area
  • A viable administrative entity such as a district, block or taluk
  • Economic backwardness of the area as compared to the neighboring areas
  • These criteria are not spelt out in the Constitution of India but have become well established.

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