In this Schedule, unless the context otherwise requires, the expression 'State' does not include the States of Assam , Meghalaya, Tripura and Mizoram.
Subject to the provisions of this Schedule, the executive power of a State extends to the Scheduled Areas therein.
The Governor of each State having Scheduled Areas therein shall annually, or whenever so required by the President, make a report to the President regarding the administration of the Scheduled Areas in that State and the executive power of the Union shall extend to the giving of directions to the State as to the administration of the said areas.
(1) There shall be established in each State having Scheduled Areas therein and, if the President so directs, also in any State having Scheduled Tribes but not Scheduled Areas therein, a Tribes Advisory Council consisting of not more than twenty members of whom, as nearly as may be, three-fourths shall be the representatives of the Scheduled Tribes in the Legislative Assembly of the State:
Provided that if the number of representatives of
the Scheduled Tribes in the Legislative Assembly of the
State is less than the number of seats in the Tribes
Advisory Council to be filled by such representatives, the
remaining seats shall be filled by other members of those
tribes.
(2) It shall be the duty of the Tribes Advisory Council to
advise on such matters pertaining to the welfare and
advancement of the Scheduled Tribes in the State as may be
referred to them by the Governor.
(3) The Governor may make rules prescribing or regulating,
as the case may be,
(a) the number of members of the Council, the mode of their
appointment and the appointment of the Chairman of the
Council and of the officers and servants thereof,
(b) the conduct of its meetings and its procedure in
general; and
(c) all other incidental matters.
(1) Notwithstanding anything in this Constitution, the
Governor may by public notification direct that any
particular Act of Parliament or of the Legislature of the
State shall not apply to a Scheduled Area or any part
thereof in the State or shall apply to a Scheduled Area or
any part thereof in the State subject to such exceptions and
modifications as he may specify in the notification and any
direction given under this sub-paragraph may be given so as
to have retrospective effect.
(2) 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.
In particular and without prejudice to the generality of the
foregoing power, such regulations may-
(a) prohibit or restrict the transfer of land by or among
members of the Scheduled Tribes in such area;
(b) regulate the allotment of land to members of the
Scheduled Tribes in such area;
(c) regulate the carrying on of business as money-lender by
persons who lend money to members of the Scheduled Tribes in
such area.
(3) In making any such regulation as is referred to in
sub-paragraph (2) of this paragraph, the Governor may repeal
or amend any Act of Parliament or of the Legislature of the
State or any existing law which is for the time being
applicable to the area in question.
(4) All regulations made under this paragraph shall be
submitted forthwith to the President and, until assented to
by him, shall have no effect.
(5) No regulation shall be made under this paragraph unless
the Government making the regulation has, in the case where
there is a Tribes Advisory Council for the State, consulted
such Council.
(1) In this Constitution, the expression 'Scheduled
Areas' means such areas as the President may by order2
declare to be Scheduled Areas.
(2) The President may at any time by order
(a) direct that the whole or any specified part of a
Scheduled Area shall cease to be a Scheduled Area or a part
of such an area;
(aa) increase the area of any Scheduled Area in a State
after consultation with the Governor of that State;
(b) alter, but only by way of rectification of boundaries,
any Scheduled Area;
(c) on any alteration of the boundaries of a State or on the
admission into the Union or the establishment of a new
State, declare any territory not previously included in any
State to be, or to form part of, a Scheduled Area;
(d) rescind, in relation to any State or States, any order
or orders made under this paragraph, and in consultation
with the Governor of the State concerned, make fresh orders
redefining the areas which are as to be Scheduled Areas, and
any such order may contain such incidental and consequential
provisions as appear to the President to be necessary and
proper, but save as aforesaid, the order made under
sub-paragraph (1) of this paragraph shall not be varied by
any subsequent order.
(1) Parliament may from time to time by law amend by way
of addition, variation or repeal any of the provisions of
this Schedule and, when the Schedule is so amended, any
reference to this Schedule in this Constitution shall be
construed as a reference to such Schedule as so amended.
(2) No such law as is mentioned in sub-paragraph (1) of this
paragraph shall be deemed to be an amendment of this
Constitution for the purposes of Article 368.
First Schedule of Constitution of India 1949 - States and Union Territories - Article 1 and 4
Third Schedule of Constitution of India 1949 - Form of oath or affirmations
Fourth Schedule of Constitution of India 1949 - Allocation of seats in the council of states
Seventh Schedule of Constitution of India 1949 - Union List, State List and Concurrent List
Eighth Schedule of Constitution of India 1949 - List of Languages