Article 244 of the Costitution of India with Case law
📘 Article 244 of the Constitution of India – Administration of Scheduled Areas and Tribal Areas
🔹 Text of Article 244:
(1) 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.
(2) The provisions of the Sixth Schedule shall apply to the administration of the tribal areas in the States of Assam, Meghalaya, Tripura, and Mizoram.
🧾 Explanation:
Article 244 provides for special governance and protection mechanisms for tribal communities in India.
It recognizes the distinctive identity, culture, and needs of tribal populations.
It is implemented through:
Fifth Schedule: For Scheduled Areas in mainland states.
Sixth Schedule: For Tribal Areas in northeastern states (Assam, Meghalaya, Tripura, Mizoram).
🔹 Fifth Schedule:
Applies to states like Jharkhand, Chhattisgarh, Odisha, Madhya Pradesh, Maharashtra, Gujarat, Andhra Pradesh, etc.
Provides for:
Tribal Advisory Councils
Governor’s special powers over laws in Scheduled Areas
Centre’s role in ensuring welfare of STs
🔹 Sixth Schedule:
Special autonomous provisions for tribal regions in Northeast.
Establishes:
Autonomous District Councils (ADCs)
Legislative, judicial, and executive powers to tribal councils
Special provisions for land, forest, customs, and governance
⚖️ Important Case Laws on Article 244 & Schedules:
🔹 1. Samatha v. State of Andhra Pradesh, (1997) 8 SCC 191
Held: In Scheduled Areas (under Fifth Schedule), private mining leases to non-tribals are unconstitutional.
Only tribals, cooperatives of tribals, or government entities can undertake mining in such areas.
Strong interpretation of Fifth Schedule and Article 244(1).
🔹 **2. Rajasthan State Electricity Board v. Mohan Lal, AIR 1967 SC 1857
Interpreted service rules and employment applicability in Scheduled Areas under the Fifth Schedule.
Reaffirmed the state's duty to respect constitutional safeguards in tribal regions.
🔹 **3. T.N. Godavarman Thirumulpad v. Union of India, (1997) 2 SCC 267
Although mainly about forests, it touched upon the rights of tribal communities in Scheduled Areas under Article 244.
Supreme Court directed protection of tribal rights in forest and natural resources, linking to Fifth Schedule obligations.
🔹 **4. Dilip Kumar Basu v. State of Assam, Gauhati HC, 2007
Concerned the Sixth Schedule (Article 244(2)) and the role of Autonomous Councils in Assam.
Held that tribal self-governance under the Sixth Schedule is constitutionally protected and must be respected by state legislation.
🔹 5. PUCL v. Union of India, (2001) – Right to Food Case
Addressed malnutrition and poverty among tribals in Fifth Schedule areas.
Emphasized that Article 244 read with Article 21 obliges states to protect the socio-economic rights of tribals.
📝 Key Takeaways:
| Provision | Applies To | Governance |
|---|---|---|
| Article 244(1) | Scheduled Areas in non-NE states | Fifth Schedule – Governor, Tribal Advisory Council |
| Article 244(2) | Tribal Areas in NE states | Sixth Schedule – Autonomous District Councils |
Article 244 ensures constitutional safeguards for tribals through tailored governance models.
Both schedules aim to preserve tribal identity, protect land rights, and empower tribal self-rule.
📊 Comparison Chart:
| Feature | Fifth Schedule | Sixth Schedule |
|---|---|---|
| Applicable Regions | Central & Western States | Northeast (Assam, Meghalaya, Mizoram, Tripura) |
| Governance | Governor, TAC | Autonomous District Councils |
| Powers | Governor can modify laws | Councils can make laws on land, customs |
| Article | 244(1) | 244(2) |
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