GOVERNMENT OF INDIA    |    MINISTRY OF TRIBAL AFFAIRS

Constitutional and Legal Matters

The work distribution is as follows :
Scheduling/ de-scheduling work, related matters and related court cases; matters relating to Report of Task Force on Scheduling, Scheduled Areas, Panchayats (Extension to Scheduled Areas) Act, Panchayati Raj Institutions, Integrated Tribal Developments Projects/Agencies, MADA/Clusters

Resources
  • Notifications for Scheduling/ De-Scheduling of STs
  • Declaration of Fifth Scheduled Areas
  • Reports
  • Constitutional Provisions
  • Committee
  • Notifications for Declaration of Scheduled Areas
Notifications for Scheduling/ De-Scheduling of STs
The Constitution (Scheduled Tribes) Order (Amendment) Bill, 2021
The Constitution (Scheduled Tribes) order (Amendment) Act, 2020
The Constitution (Scheduled Tribes) Order, 1950 (C.O. 22) dated 6th September 1950)
The Constitution (Scheduled Tribes) (Parts C States) Order, 1951 (C.O. 33) dated 20 September, 1951
The Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1956 (Act No. 63 of 1956) dated 25th September 1956)
The Scheduled Castes and Scheduled Tribes Lists (Modification) Order, 1956 dated 29th October, 1956)
The Constitution (Andaman and Nicobar Island) Scheduled Tribes Order 1959 (CO.58)
The Constitution (Dadra and Nagar Haveli) Schedules Tribes Order 1962 (C.O 65)
The Constitution (Scheduled Tribes) (Uttar Pradesh) Order, 1967 (C.O. 78) dated 24 June, 1967
The Constitution (Nagaland) Scheduled Tribes Order, 1970 (C.O 88)
The Constitution (Sikkim) Scheduled Tribes Order 1978. (C.O 111)
The Constitution (Jammu and Kashmir) (Scheduled Tribes) Order, 1989(C.O.142) dated 7th October, 1989
The Constitution (Puducherry) Scheduled Tribal Order, 2016(C.O.268) dated 22nd December, 2016
Corrigenda dated 28th January, 1957 of the Scheduled Castes and Schedule Tribes Lists (Modification) Order, 1996 dated 29th, October 1956
The Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 (No. 108 of 1976) dated 18tSeptember, 1976)
Corrigenda dated 3rd February, 1977 of the Scheduled Caste and Scheduled Tribes Order (Amendment) Act, 1977 dated 20th September, 1977
Notification No. BC-12016/34/76 - SCT - V dated 27th July, 1977,MHA, for enforcement of the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 (No. 108 of 1976) dated 18-09-1976
The Constitution (Scheduled Tribes) Order (Amendment) Act, 1987(No. 43 of 1987) dated 9th December 1987
The Constitution (Scheduled Tribes) Order (Amendment) Act, 1991 (No. 36 of 1991) dated 20 August , 1991
The Constitution (Scheduled Tribes) Order (Second Amendment) Act, 1991 (No. 39 of 1991) dated 17 September, 1991
The Constitution (Scheduled Castes and Scheduled Tribes) Order (Amendment) Act, 2002 (No. 32 of 2002) dated 3rd June , 2002
The Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 2002 (No. 10 of 2003) dated 7th January, 2003)
The Constitution (Scheduled Tribes) Order (Amendment) Act, 2003 (No. 47 of 2003) dated 19 September, 2003
The Constitution (Scheduled Tribes) Order (Amendment) Act, 2006 (No. 48 of 2006) dated 12 December, 2006
The Constitution (Scheduled Tribes) Order (Amendment) Act, 2008 (No. 14 of 2008) dated 1st April , 2008
The Constitution (Scheduled Tribes) (Union Territories) Order(Amendment) Act, 2008(No. 2 of 2009) dated 7th January, 2009
The Constitution (Scheduled Tribes) Order(Amendment) Act, 2011 (No. 2 of 2012) dated 8th January, 2012
The Constitution (Scheduled Tribes) Order(Amendment) Act, 2012 (No. 24 of 2012) dated 31st May, 2012
The Constitution (Scheduled Tribes) Order(Amendment) Act, 2013 (No. 24 of 2013) dated 18 September, 2013
Declaration of 5th Schedule

As per the Constitutional provision under Article 244 (1) of the Constitution of India, the ‘Scheduled Areas’ are defined as ‘such areas as the President may by order declare to be Scheduled Areas’ – as per paragraph 6(1) of the Fifth Schedule of the Constitution of India. The specification of “Scheduled Areas” in relation to a State is by a notified order of the President, after consultation with the Governor of that State. In accordance with the provisions of paragraph 6(2) of the Fifth Schedule of the Constitution of India, the President may increase the area of any Scheduled Area in a State after consultation with the Governor of that State; and make fresh orders redefining the areas which are to be Scheduled Areas in relation to any State. The same applies in the case of any alteration, increase, decrease, incorporation of new areas, or rescinding any Orders relating to “Scheduled Areas”. At present, Scheduled Areas have been declared in the States of Andhra Pradesh (including Telangana), Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha and Rajasthan.

Criteria for declaring Scheduled Area

The criteria for declaring any area as a “Scheduled Area” under the Fifth Schedule are:

  • Preponderance of tribal population,
  • Compactness and reasonable size of the area,
  • A viable administrative entity such as a district, block or taluk, and
  • Economic backwardness of the area as compared to the neighbouring areas.

These criteria are not spelt out in the Constitution of India but have become well established. Accordingly, since the year 1950 to 2007 Constitutional Order relating to Scheduled Areas have been notified.

Constitutional provisions of Fifth Schedule related to declaration of Scheduled Areas

The Fifth Schedule under Article 244(1) of the Constitution contains provisions regarding administration of Scheduled Areas other than in Northeast India. The provisions of Section 6 of Part C of the Fifth Schedule of the Constitution are as follows:

Scheduled Areas :

  • In this Constitution, the expression “Scheduled Areas” means such areas as the President may by order declare to be Scheduled Areas.
  • 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;

    (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 inany 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 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.

Awards & Achievements