Q) Discuss Provision of the schedule area? Despite having the constitutional status, why Schedule Areas are ineffective in development process of the tribes after 70 years of independence?
Ans:-
Schedule areas are constituted under article 244(1) of the indian constitution. This schedule is applicable to the areas where there is substantial proportion of tribal population.
Provisions:-
TAC is constituted to advice the matters to state government over the development and advancement of tribal people. TAC contains not more than 20 members, out of which 3/4th shall be tribal people, who representing tribes in state legislature in that state.
2. Role of Governor:-
- Governor has the power to restrict the applicability of any law made by either central or state government by keeping in mind the welfare and advancement of the tribes.
- Governor has authority to restrict the land transfer of tribal to non-tribal
- Governor has the authority to regulate the land transfers of tribal people
- Governor has the authority to regulate business of the money lenders.
Despite Tribal advisory council and powers of governors, Schedule Area haven't facilitated much to tribal people.
Reasons:-
- Rules of procedure followed in TAC is generally frame by state executive, which is constraint in the autonomy in functioning of TAC.
- Majority of TAC have the chairman belongs to state executive nominees, who are majorly unconcerned about the problems of the tribal people. Large number of the chairmans are not allowing the resolutions to discuss about the problems faced by tribal people. They are virtually usurping the power of TAC
- no follow up is made in subsequent sessions of TAC over the resolution passed or matters discussed in previous sessions.
- No action Taken reports is framed over the grievances of tribal people.
- TAC is merely advisory body. It cannot direct either governor or state government over the matters related to the tribal people.
- according to the constitution, Governor works with aid and advice of the state executive. that means any decision of the governor is generally taken by state executive. Governor has no role in restricting the laws of state legislature in the favour of tribal people. But in BK Manish vs state of Chattisgarh, Governor has discretional powers in schedule areas. he can work without aid and advice of executive. though supreme court interpreted the discretionary powers of governors, in reality, he is not able to function without aid and advice of the state executive.
- Schedule Areas are majorly dependent upon the state government. Even, C.Govt also passes funds through state govt route only.
- Governor submit the report over the status of tribal, who in turn submit the report infront the loksabha. But this report majorly contains the funds disbursed to tribal people and data plagiarised from various tribal bodies. it doesn't contain analysis of the tribal people’s population and doenst contains the action taken report over the matters dealing with tribal people. It is just token report doesn’t deal with tribal people in reality.
These are some of the issues that are plaguing the holistic development of the schedule areas. Excessive dependence on state and central government on finance, administration and other aspects made these schedule areas merely decorative in nature.