Excluded and partially excluded areas
Topic: Special Provisions, Scheduled and Tribal Areas · NCERT: Beyond NCERT
Meaning
Excluded and partially excluded areas were two types of tribal area created by the Government of India Act 1935, in sections 91-92. These areas were kept outside the ordinary reach of the provincial legislatures, so normal provincial laws did not simply apply to them.
- Excluded areas were run by the Governor at the Governor's own discretion, without ministers.
- Partially excluded areas were run under the Governor's "individual judgement", meaning the Governor consulted ministers but could still decide alone.
After independence, these areas broadly became the Sixth Schedule areas and the Fifth Schedule areas.
Example
In 1947, the Constituent Assembly set up two sub-committees to study these areas. The Bordoloi Sub-committee covered Assam's hill areas, and its work led to the Sixth Schedule. The Thakkar Sub-committee covered tribal areas outside Assam, and its work led to the Fifth Schedule.
Don't confuse with
- Scheduled Areas (Article 244(1)): these are the constitutional areas that came after 1950. The President declares them, and they have Tribes Advisory Councils. The colonial categories had no such councils.