Part X of the Constitution of India (Articles 244 to 244A)

Part X of the Constitution of India (Articles 244 to 244A) deals with the administration of Scheduled and Tribal Areas. These provisions aim to protect the interests of tribal communities by allowing for special governance mechanisms, autonomy, and development provisions in areas inhabited predominantly by Scheduled Tribes (STs).

Article-wise Breakdown of Part X

Article 244 – Administration of Scheduled Areas and Tribal Areas

Text Summary:

The provisions of the Fifth Schedule shall apply to the administration and control of Scheduled Areas and Scheduled Tribes in any State other than the States of Assam, Meghalaya, Tripura, and Mizoram.

The provisions of the Sixth Schedule shall apply to the administration of the tribal areas in the States of Assam, Meghalaya, Tripura, and Mizoram.

Key Facts:

• Fifth Schedule: Applies to states other than Assam, Meghalaya, Tripura, and Mizoram (e.g., Jharkhand, Odisha, Chhattisgarh, Madhya Pradesh).
• Sixth Schedule: Applies specifically to northeastern states with tribal areas.
• It provides for:
  • Tribal Advisory Councils
  • Governor’s discretionary powers
  • Special regulations for peace and good governance
• Scheduled Areas are declared by the President.

Important Provisions in Schedules:

• Fifth Schedule:
  • Tribes Advisory Council
  • Governor’s reports to the President
  • Governor can make regulations for good governance
• Sixth Schedule:
  • Autonomous District Councils with legislative, executive, and judicial powers
  • Power to levy taxes, regulate land, manage forests, and more

Article 244A – Formation of an Autonomous State comprising certain tribal areas in Assam

Text Summary:

Empowers Parliament to create an autonomous State within Assam, consisting of certain tribal areas specified in the Sixth Schedule.

Such a State may have its own Legislature and Council of Ministers.

Why Article 244A Was Added:

• Inserted by the 22nd Constitutional Amendment Act, 1969.
• Designed specifically to give enhanced political autonomy to tribal areas in Assam (such as Karbi Anglong, North Cachar Hills).
• Intended to avoid secessionist movements and address tribal demands for autonomy without separate statehood.

Powers under Article 244A:

• Parliament can:
  • Establish a separate autonomous State within Assam.
  • Provide it with a Legislative Assembly.
  • Constitute a Council of Ministers.

• Regions Covered Under Article 244A The tribal areas in Assam that could potentially be included under Article 244A are: Karbi Anglong Dima Hasao (formerly North Cachar Hills) West Karbi Anglong These districts are currently administered under the Sixth Schedule of the Constitution, which provides for the administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram. Ongoing Demand for Implementation There has been a longstanding demand from various tribal organizations and political leaders for the implementation of Article 244A. Key developments include: Karbi Students’ Association (Inglongpho faction) organized a torchlight procession in Diphu, demanding the immediate implementation of Article 244A. They also called for the deletion of non-tribal names from the voter list of the Karbi Anglong Autonomous Council (KAAC) and cessation of land allotments to non-tribals. Dimasa Student Union (DSU) staged a mass sit-in demonstration in Haflong, urging the central government to implement Article 244A. They emphasized that this provision is their constitutional right. Dima Hasao District Congress Committee (DCC), led by Nirmal Langthasa, demanded the implementation of Article 244A, criticizing the central government’s stance on the matter. Assam BJP MLAs and MP from the hill districts of Assam have written to the central government, urging the implementation of Article 244A. They argue that the tribal communities have a constitutional right to greater autonomy.

  The new autonomous State remains part of Assam, but enjoys greater autonomy.

Significance of Article 244A

Implementing Article 244A would grant the tribal areas of Assam:

• Enhanced Autonomy: Control over local governance, law and order, and cultural preservation.
• Legislative Powers: Ability to enact laws tailored to the needs of the tribal communities.
• Economic Development: Focused policies for the socio-economic upliftment of the tribal population.

Significance of Part X

Landmark Cases and Developments

1. Samatha v. State of Andhra Pradesh (1997)
   • Held that private mining leases in Scheduled Areas violate the Fifth Schedule unless done by government or tribal cooperatives.
2. State of Assam v. Ranga Mahapatra (1972)
   • Explained the scope of Sixth Schedule and powers of autonomous councils.
3. Recent Demands:
   • Some tribal groups in Assam and Meghalaya continue to demand implementation of Article 244A to establish a more autonomous administrative structure.

Constitutional Amendments Related to Articles 244–244A

The Constitution (Fifth Amendment) Act, 1955

• Purpose: Amended Article 3 to ensure that Scheduled Areas and Scheduled Tribes are consulted when there is a reorganization of states.
• Impact on Article 244:
  • Although it did not amend Article 244 directly, it significantly impacted the functioning of the Fifth Schedule, which is linked to Article 244.
  • It mandated the President to consult the Governor of the concerned state before altering Scheduled Areas.

The Constitution (Seventh Amendment) Act, 1956

• Purpose: Reorganized states and territories in India.
• Impact on Article 244:
  • Affected the geographical applicability of the Fifth and Sixth Schedules.
  • Some areas were included or excluded from Scheduled Areas or Tribal Areas based on the reorganization.

The Constitution (Twenty-Second Amendment) Act, 1969 ✅ (Most directly related to Part X)

• Main Change: Inserted Article 244A into the Constitution.
• Objective:
  • To empower Parliament to create an autonomous State within Assam consisting of certain tribal areas.
  • Intended to address demands from tribal communities in Assam (like Karbi Anglong and Dima Hasao) for greater self-governance.
• Key Provisions Introduced:
  • Creation of an Autonomous State within Assam.
  • Power to establish:
    • A Legislature
    • A Council of Ministers for the Autonomous State
• Reason: Rising tribal discontent in Assam and demands for separate identity and administration.

The Constitution (Thirty-Sixth Amendment) Act, 1975

• Purpose: Made Sikkim a full-fledged state of India.
• Impact: Although it did not directly amend Article 244, Sikkim had tribal populations. After its merger, its governance model was aligned with constitutional provisions for Scheduled Tribes, where applicable.

Summary of Amendments