IMPLEMENTATION OF PROVISIONS OF ARTICLE 244 IN THE FIFTH SCHEDULE STATES

1. At a Glance

• Article 244(1) read with the Fifth Schedule governs the administration of Scheduled Areas and welfare of Scheduled Tribes in States other than the North-East "Sixth Schedule" states [S1][S3].
• The Governor is the constitutional pivot under Paragraph 5 of the Fifth Schedule, with power to direct that any Parliamentary/State law shall not apply, or apply with modifications, to a Scheduled Area [S1].
• Operationalised through the Tribes Advisory Council (TAC) [Para 4] and extended legislatively via the PESA Act, 1996 [S2][S4].
• High UPSC yield: intersects Polity (federalism, special areas), Governance (tribal self-rule), and Social Justice (ST protection).

2. Why in the News

• 23 March 2026 — MoS Tribal Affairs Shri Durgadas Uikey informed Lok Sabha that the powers of the Governor under Para 5 of the Fifth Schedule are exercised by respective Governors and decisions are maintained by State Governments [S1].
• Renewed PESA training push in 2024–25 — over 1 lakh elected representatives trained via state/district/block-level master-trainer programmes by MoPR and seven anchor states [S4].

3. Background & Evolution

• 1874: Scheduled Districts Act — colonial precursor isolating tribal tracts.
• 1935: Government of India Act — "Excluded" and "Partially Excluded" areas.
• 26 Jan 1950: Constitution adopts Fifth Schedule (Art. 244(1)) and Sixth Schedule (Art. 244(2)) [S3].
• 1996: PESA Act (Act 40 of 1996) extends Part IX (Panchayats) to Scheduled Areas with modifications [S2][S4].
• 2018: Rajasthan's Scheduled Areas re-notified by Presidential order [S3].
• 2022: Madhya Pradesh notified PESA Rules on Janjatiya Gaurav Divas (15 Nov) [S4].

4. Core Static Facts

• Constitutional base: Article 244(1) + Fifth Schedule; Article 244(2) + Sixth Schedule (NE) [S1][S3].
• Nodal Ministry: Ministry of Tribal Affairs (Fifth Schedule administration); Ministry of Panchayati Raj (PESA implementation) [S1][S4].
• Fifth Schedule States (10): Andhra Pradesh, Telangana, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan [S3][S4].
• Excluded States: Assam, Meghalaya, Tripura, Mizoram (covered under Sixth Schedule) [S3].
• Scheduled Areas (Para 6(1)): areas the President may by order declare [S3].
• TAC composition (Para 4): not more than 20 members, of whom 3/4ths shall be ST MLAs of the State [S3].
• Governor's powers (Para 5): (i) direct non-application/modified application of laws; (ii) make Regulations for peace and good government — requires Presidential assent [S1].
• PESA — States that framed Rules (8): AP, Chhattisgarh, Gujarat, HP, Maharashtra, MP, Rajasthan, Telangana. Draft stage: Odisha, Jharkhand [S4].

5. Multi-Dimensional Analysis

• Legal / Constitutional
• Fifth Schedule treated as a "Constitution within the Constitution" for Scheduled Areas; Governor's Para-5 power is non-derogable and operates over both Union and State laws [S1].
• Samatha v. State of A.P. (1997) background: transfer of tribal land to non-tribals/private companies in Scheduled Areas barred — gives constitutional teeth to Para 5(2) Regulations.
• Administrative
• Dual architecture — constitutional (TAC + Governor) and statutory (PESA Gram Sabhas) [S2][S3].
• Gaps: Odisha and Jharkhand — two of the most tribal-dense states — yet to finalise PESA Rules [S4].
• Social
• Mandates ST primacy: 3/4 ST representation in TAC; Gram Sabha consent on land alienation, minor minerals, MFP, money-lending [S2][S3].
• Governance / Federalism
• Governor's report to President on Scheduled Areas administration is annual and mandatory (Para 3) — Union retains oversight.
• Anchor-state model (2024-25) for cascade training shows cooperative federalism in implementation [S4].
• Historical
• Continuum from Scheduled Districts Act 1874 → GoI Act 1935 → Fifth Schedule 1950 → PESA 1996 → FRA 2006.

6. Recent Developments (last 12–18 months)

• 23 Mar 2026: Lok Sabha reply on Article 244/Fifth Schedule implementation; Governors' Para-5 decisions held by State Governments [S1].
• 2024-25: Two rounds of state-level master-trainer training by MoPR + 7 anchor states; >1,00,000 PRI representatives trained [S4].
• PESA Mahotsav organised by Ministry of Panchayati Raj to mark anniversary of PESA notification [S4].
• National Conference on PESA inaugurated by MoS Panchayati Raj Prof. S.P. Singh Baghel in New Delhi [S4].

7. Prelims Hooks

• Article 244(1) → Fifth Schedule; Article 244(2) → Sixth Schedule [S3].
• 10 states have Scheduled Areas under the Fifth Schedule [S3][S4].
• TAC = max 20 members, ¾ ST MLAs [S3].
• Governor's power to apply/modify laws is under Paragraph 5 of Fifth Schedule [S1].
• President notifies Scheduled Areas under Paragraph 6(1) [S3].
• PESA Act = Act 40 of 1996 — extends Part IX of Constitution to Scheduled Areas [S2][S4].
• States without PESA Rules (as of latest reporting): Odisha & Jharkhand (draft) [S4].
• Sixth Schedule excludes Fifth Schedule application — Assam, Meghalaya, Tripura, Mizoram [S3].
• Nodal ministry for Fifth Schedule admin = Ministry of Tribal Affairs; for PESA = Ministry of Panchayati Raj [S1][S4].
• Rajasthan's Scheduled Areas re-notified via Cabinet-approved Presidential order (2018) [S3].
• TAC may also be set up — by Presidential direction — in States having STs but no Scheduled Areas [S3].
• Janjatiya Gaurav Divas: 15 November — MP notified PESA Rules on this date in 2022 [S4].

8. Mains Relevance

• GS-II: Indian Constitution — features, amendments, significant provisions; Devolution of powers; Welfare schemes for STs.
• GS-I: Society — issues of tribal populations.
• Possible stems: 1. "The Fifth Schedule is more an instrument of paternalism than empowerment." Critically examine in the context of the Governor's role under Paragraph 5. 2. Discuss the implementation deficit of the PESA Act, 1996 in Fifth Schedule states with reference to the framing of state rules. 3. Compare and contrast the Fifth and Sixth Schedules of the Constitution as instruments of tribal self-governance.

9. Related Topics to Study Next

• Sixth Schedule & Autonomous District Councils — analogue for NE tribal areas.
• PESA Act, 1996 — statutory extension; Gram Sabha powers.
• Forest Rights Act, 2006 — complements Para 5(2) on land/forest rights.
• Samatha v. State of AP (1997) — landmark on tribal land alienation.
• Bhuria Committee Report (1995) — basis of PESA.
• Xaxa Committee (2014) — tribal community status.
• Article 338A — National Commission for Scheduled Tribes.
• TRIFED & Van Dhan Yojana — economic empowerment limb.

10. Common Errors / Trap Areas

• Confusing Article 244(1) Fifth Schedule with 244(2) Sixth Schedule — different states, different mechanisms.
• Assuming all states with STs have Scheduled Areas — they don't; only 10 do.
• Attributing PESA to Ministry of Tribal Affairs — it is implemented by Ministry of Panchayati Raj.
• Stating Governor's Para-5 Regulations need only State assent — they require Presidential assent.
• Believing TAC strength is fixed at 20 — Constitution says "not more than 20", with ¾ being ST MLAs as nearly as may be.

11. Sources

• [S1] IMPLEMENTATION OF PROVISIONS OF ARTICLE 244 IN THE FIFTH SCHEDULE STATES — https://www.pib.gov.in/PressReleasePage.aspx?PRID=2243839 — (tier: 1)
• [S2] The Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 — https://www.indiacode.nic.in/bitstream/123456789/1973/1/A1996-40.pdf — (tier: 1)
• [S3] Tribes Advisory Councils constituted in all ten Fifth Schedule states — https://www.pib.gov.in/PressReleasePage.aspx?PRID=1778540 — (tier: 1)
• [S4] Implementation of PESA / PESA Mahotsav / Training of PRI representatives — https://www.pib.gov.in/PressReleasePage.aspx?PRID=1845365 ; https://www.pib.gov.in/PressReleasePage.aspx?PRID=2207293 ; https://www.pib.gov.in/PressReleasePage.aspx?PRID=1876869 — (tier: 1)