Luxmikant Polity Crux Static Books Crux Notes

LUXMIKANT POLITY CRUX NOTES-CHAPTER-41

Scheduled and Tribal Areas

Intro Article244inPartX

Schedule 5 – Adm. & Control SC & St in any state

Schedule 6– Only with Assam, Meghalaya, Tripura and Mizoram. (4)

ADMINISTRATION OF SCHEDULED AREAS Aboriginals, different, socially economical background, various features under, 5th schedule – greater responsibility

(a)  POI, can declare alter or new order to scheduled area to governor.

(b)  State has all power in scheduled areas but governor special responsibility.

(c)  Tribes advisory council.

(d)  Governor can state that is Parliamentarian or state laws not applicable or specified modification & Exception

(e)  Under VI, special provision, anthropological specimen preserve culture, custom, civilization

Need – so greater autonomy was given for self govt.

Administation of tribal areas Various features of administration – sixth schedule:

a.       The tribal areas of four states – Assam, Meghalaya, Tripura and Mizoram – constituted as autonomous districts – not under executive authority of state.

b.       Government is empowered to organise and reorganise autonomous districts.

c.        If there are different tribes-governor can divide the district into several autonomous regions.

d.       Acts and legislatures of parliament do not apply to autonomous District, autonomous regions – or apply with specific modifications and exemptions.

e.        Autonomous District 30 members – 4 nominated (during pleasure) & 26 elected (5 years of governor)

f.        Can establish courts, Primary school, Ferries, Fishiness, out governor ascent needed.

g.        Governor manage Autonomous district

h.       Finally governor assent law – social law on specified maters, water, land, canal, agriculture, marriage.

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