Question

<!--td {border: 1px solid #ccc;}br {mso-data-placement:same-cell;}--> Despite being already covered under the fifth schedule of the Indian Constitution, several groups in Arunachal Pradesh are protesting for inclusion under the sixth schedule. In this context, examine the similarities and differences in the provisions mentioned above.

Answer 1

Introduction:

The state of Arunachal Pradesh is home to several indegenous tribes and has been granted several powers under the fifth schedule. However, the Arunachal Pradesh assembly passed a resolution to persuade the centre to include the state into the sixth schedule to protect the tribal rights of Indigenous people. Such demand from Arunachal Pradesh begs the question of why Arunachal needs to be included and what are the contrasting provisions related to both the schedule which would make one less desirable than another.

Body:
Provisions of Fifth Schedule:
Under Article 244, the fifth schedule deals with the provisions relating to the administration and control of scheduled areas and scheduled tribes.
Scheduled Areas have been declared in the States of Andhra Pradesh (including Telangana), Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha and Rajasthan.
Under this schedule, The President has the power to increase the area of any Scheduled Area in a state after consultation with the Governor of that state.
The executive power of a state in scheduled Areas are subject to the provisions of this Schedule.
The Governor has to make a report to the President regarding the administration of the Scheduled Areas in that State.
The executive power of the Union shall extend to the giving of directions to the State as to the administration of the said areas.
Tribes Advisory Council is established in each State having Scheduled Areas to advise on such matters about the welfare and advancement of the Scheduled Tribes in the State as may be referred to them by the Governor.
The Governor may by public notification direct that any particular Act of Parliament or the Legislature of the State shall not apply to a Scheduled Area or shall apply to a Scheduled Area.
The Governor may make regulations for the peace and good government of any area in a State which is for the time being a Scheduled Area.

Provisions of Sixth Schedule:
The 6th Schedule has provisions for the administration of tribal areas in Assam, Meghalaya, Tripura and Mizoram to protect the rights of the tribal population in these states. Article 244(2) and Article 275(1) of the Constitution have these special provisions.
The tribes in the above states have not mingled much with the life and ways of the other people in these states. These areas still have the presence of anthropological specimens.
Under the 6th Schedule, autonomous districts have been constituted. The autonomous districts have been given significant autonomy within the State Legislature.
There are 10 autonomous districts – three in Assam, Meghalaya and Mizoram and one in Tripura. Each autonomous district can also have a separate regional council.
The Acts passed by Parliament and state legislatures may or may not be implemented in these regions unless the President and the governor give her or his approval, with or without modifications in the laws for the autonomous regions.
The governor has the power to organise and re-organise the autonomous districts. He can increase or decrease the areas of autonomous districts or change their names or define their boundaries and so on.
The ADCs have special civil and judicial powers. They can make laws on matters like land, forests, fisheries, social security, etc. after approval from the governor.
The district council can establish, construct or manage primary schools, dispensaries, markets, ferries, fisheries, roads and so on in the district.
The district councils have powers to assess and collect land revenue and to impose certain specified taxes.

Similarities between Fifth and the Sixth Schedule:
Both are instruments of decentralised governance: The Fifth and the sixth schedule both are related to decentralised special governance mechanisms which are mandated to develop particular regions of the countries having peculiar circumstances.
Both are related to Tribal populations: Albeit the fifth schedule provides for the welfare of the mainland tribal population, and the sixth schedule for the tribal population of Tribes in north eastern India. Yet, they both are provided by the constitution to respect the tribal way of life and to better safeguard the rights and way of life.
Both have provisions which limit the scope of state government and Parliament: The fifth schedule provides that the Governor may direct that any particular Act of Parliament or the Legislature of the State shall not apply to a Scheduled Area, similarly, President or Governors approval is required for the same in sixth schedule areas.

Difference between Fifth Schedule and Sixth Schedule
Different domains of action: These two schedules provide for alternate or special governance mechanisms for certain ‘scheduled areas’ in mainland and certain ‘tribal areas’ in northeastern India.
Different regional reach: The Sixth Schedule is related to the administration of North Eastern states i.e. the states of Assam, Meghalaya, Tripura and Mizoram in the North-east whereas the Fifth Schedule of the Constitution deals with the administration and control of Scheduled Areas as well as of Scheduled Tribes residing in any State other than the States of Assam, Meghalaya, Tripura and Mizoram.
Different provisions related to their domain: regarding Sixth schedule have provisions for the formation of autonomous districts and autonomous regions within the districts as there are different scheduled tribes within the district whereas the fifth schedule designates Schedule areas in large parts of India in which the interests of the Scheduled Tribes are to be protected. The Scheduled area has more than 50 percent tribal population.
Power differential: The councils under the sixth schedule have been given more power than the local governments under the 73rd and 74th amendments in the rest of the country; it lays down a framework of autonomous decentralized governance with legislative and executive powers over subjects like water, soil, land, local customs and culture. These bodies have also been given judicial powers to settle certain types of civil and criminal cases also whereas the fifth schedule Tribal advisory council established under fifth schedule has limited power and have no judicial power also it requires governor's assent on most of their decisions.

Reasons for this demand:
Under the Fifth Schedule, Arunachal Pradesh does not have special rights for the indigenous communities like the Sixth Schedule.
Under the Sixth Schedule, there will be more democratic devolution of legislative and judicial power.
Autonomous councils under Sixth Schedule get direct funding for their functioning.

Conclusion:
Both the Fifth and Sixth schedule are important tools of decentralised democracy. Yet, the demand from Arunachal Pradesh put into perspective the loopholes in the implementation of the former. With proper functioning of tribal advisory councils and proactive role of governors along with the proper implementation of its provision is required to protect the interest of tribals in Fifth Schedule so that such demands can be avoided in future.