Political Science Notes Part 15: Special Provisions, Tribal Areas, and Panchayati Raj for UPSC, PSC, SSC CGL

Detailed Notes

Chapter 29: Special Provisions for Some States

Introduction

The Indian Constitution includes special provisions under Articles 371 to 371-J to address the unique social, cultural, economic, and political needs of certain states. These provisions aim to protect local rights, ensure peace and security, and promote regional development, reflecting India’s commitment to federal diversity.

Why Special Provisions?

State-Wise Provisions

1. Article 371: Maharashtra and Gujarat
   • Governor’s Role: Ensures equitable development through:
     • Development Boards for Vidarbha, Marathwada (Maharashtra), Saurashtra, and Kutch (Gujarat).
     • Fair allocation of funds, jobs, and education opportunities.
2. Article 371A: Nagaland
   • Key Features:
     • Customary Law Protection: Central laws on religious practices, social customs, land, and resources require State Assembly approval.
     • Legislative Autonomy: Greater control over local matters.
     • Governor’s Discretion: Ensures law and order in consultation with state officials.
3. Article 371B: Assam
   • Provides for a committee of legislators from tribal areas to ensure their governance participation.
4. Article 371C: Manipur
   • Similar to Assam, with a tribal legislators’ committee.
   • Governor submits an annual report on hill areas administration to the President.
5. Article 371D: Andhra Pradesh (pre-bifurcation)
   • Ensures equal opportunities in employment and education across regions.
   • Presidential Order defines local areas.
   • Administrative Tribunals resolve service disputes.
   • Note: Continued in Andhra Pradesh; similar provisions in Telangana post-2014 bifurcation.
6. Article 371E: Andhra Pradesh
   • Establishes a Central University (e.g., Central University of Andhra Pradesh, Anantapur).
7. Article 371F: Sikkim
   • Post-1975 merger:
     • Protects old laws and customs.
     • Reserves Assembly seats for different sections.
     • Governor ensures peace and stability.
8. Article 371G: Mizoram
   • Similar to Nagaland, protects:
     • Religious practices, social customs, land, and legal procedures unless approved by State Assembly.
9. Article 371H: Arunachal Pradesh
   • Governor has special powers for law and order, acting at their discretion.
10. Article 371I: Goa
    • Guarantees a minimum of 30 seats in the Legislative Assembly.
11. Article 371J: Karnataka (Hyderabad-Karnataka)
    • Covers six backward districts (Bidar, Gulbarga, Yadgir, Raichur, Koppal, Bellary):
      • Employment: Special job quotas.
      • Education: Reservation in institutions.
      • Development Board: Ensures equitable growth.

Comparison Table

Importance

• Recognizes India’s diversity.
• Addresses regional aspirations.
• Protects cultural identities and economic interests.
• Strengthens federalism and national integration.

Criticism

• Perceived inequality among states.
• May fuel regionalism.
• Autonomy demands can cause political friction.

Recent Developments

• Debates on extending provisions to regions like Marathwada (Maharashtra).
• Discussions on special status for Ladakh.
• Demands for development boards in other states.

Landmark Judgments

• S.R. Bommai Case (1994): Upheld federal spirit, emphasizing proper use of Governor’s discretion.
• Naga Peace Talks: Article 371A central to negotiations.

Conclusion

Articles 371 to 371-J showcase the Constitution’s flexibility, accommodating diverse identities and regional needs. As the quote states, “Federalism with flexibility — that is the beauty of Indian Constitution”, these provisions foster unity in diversity.

Chapter 30: Scheduled and Tribal Areas — Fifth and Sixth Schedule

Introduction

The Fifth and Sixth Schedules provide special governance frameworks for tribal communities, addressing historical exploitation, socio-economic backwardness, and cultural preservation. These schedules ensure autonomy and development for tribal areas.

Part 1: Fifth Schedule — Scheduled Areas

• Constitutional Provisions:
  • Article 244(1) and Fifth Schedule.
  • Covers Scheduled Areas in states excluding the Northeast (covered by Sixth Schedule).
• Scheduled Areas:
  • Areas with high tribal population, economic backwardness, and distinct culture.
  • Notified by President after consulting Governor.
• Administration:
  • Governor’s Role: Special responsibility for administration.
  • Law-Making: Can modify or exempt central/state laws in Scheduled Areas.
  • Tribal Advisory Council (TAC):
    • Composition: Up to 20 members, 3/4th from Scheduled Tribes in State Assembly.
    • Advises on tribal welfare.
• Governor’s Powers:
  • Regulates:
    • Land transfers to prevent tribal alienation.
    • Land allotment.
    • Money-lending to protect tribals.
  • Regulations require President’s assent.
• Features:
  • Annual report by Governor to President.
  • President can alter Scheduled Areas.
• Criteria (Dhebar Commission):
  • Predominant tribal population.
  • Compact and reasonably sized area.
  • Underdeveloped and economically backward.
• Examples:StateAreasAndhra PradeshVishakhapatnam, SrikakulamChhattisgarhBastar, DantewadaGujaratSurat, BharuchJharkhandRanchi, DumkaMadhya PradeshMandla, DindoriMaharashtraNandurbar, GadchiroliOdishaMayurbhanj, KoraputRajasthanUdaipur, Dungarpur

Part 2: Sixth Schedule — Tribal Areas in Northeast

• Constitutional Provisions:
  • Article 244(2) and Sixth Schedule.
  • Covers Tribal Areas in Assam, Meghalaya, Tripura, and Mizoram.
• Autonomous District Councils (ADCs):
  • Purpose: Preserve tribal customs, culture, and manage local resources.
  • Number:StateCouncilsAssam3Meghalaya3Tripura1Mizoram3
• Composition:
  • 30 members: 26 elected (adult franchise), 4 nominated by Governor.
  • Tenure: 5 years.
• Powers:
  • Legislative: Laws on land, forests, customs, village administration, marriage, inheritance.
  • Judicial: Village courts for civil/criminal disputes.
  • Executive: Manage education, health, agriculture.
  • Revenue: Collect taxes (e.g., land, buildings).
• Governor’s Powers:
  • Can modify or dissolve ADCs.
  • Restricts or extends central/state laws in tribal areas.

Comparison: Fifth vs. Sixth Schedule

Recent Developments

• 125th Amendment Bill: Proposes enhanced ADC powers (pending).
• Ladakh Demand: Sixth Schedule status under discussion.
• Autonomy Demands: Rising in other tribal regions.

Problems

• Financial Constraints: Limited ADC funding.
• Jurisdictional Clashes: Between state governments and councils.
• Infrastructure Gaps: Lack of capacity building.
• Political Interference: Undermines autonomy.

Importance

• Protects tribal customs and culture.
• Promotes self-governance.
• Ensures socio-economic development.
• Prevents land alienation.

Conclusion

The Fifth and Sixth Schedules embody the Constitution’s commitment to tribal rights and regional diversity. As the quote states, “Integration without assimilation — the guiding spirit of India’s tribal policies”, these provisions ensure unity while empowering tribal communities.

Chapter 31: Panchayati Raj System

Introduction

Panchayati Raj is India’s local self-government system for rural areas, promoting decentralization, people’s participation, and grassroots democracy. Constitutionalized by the 73rd Amendment Act, 1992, it empowers rural communities to govern themselves.

Historical Background

Constitutional Provisions

• Part IX (Articles 243–243O): “The Panchayats”.
• Eleventh Schedule: Lists 29 subjects for Panchayat governance.

Features of 73rd Amendment

1. Three-Tier System:LevelBodyVillageGram PanchayatBlockPanchayat SamitiDistrictZila Parishad
   • Note: Intermediate level optional for states with <20 lakh population.
2. Gram Sabha:
   • Definition: All adult residents (18+) of a village.
   • Functions:
     • Approves plans and budgets.
     • Supervises Panchayat activities.
     • Acts as a watchdog.
3. Composition:
   • Members: Directly elected at all levels.
   • Chairpersons:
     • Gram Panchayat: Direct or indirect election.
     • Panchayat Samiti/Zila Parishad: Indirectly elected by members.
4. Reservations:CategoryReservationSC/STProportional to populationWomenMinimum 1/3rd seats (some states, e.g., Bihar, 50%)
5. Duration:
   • 5-year term.
   • Elections within 6 months if dissolved early.
6. Powers:
   • State Legislatures assign functions:
     • Economic development planning.
     • Implementing schemes for poverty alleviation, employment, social justice.
7. Finance:
   • Sources: State grants, local taxes, central schemes.
   • State Finance Commission: Recommends resource distribution every 5 years.
8. State Election Commission:
   • Conducts free and fair Panchayat elections.
   • Independent of Election Commission of India.

Structure

• Village Level:
  • Gram Sabha: Voter body.
  • Gram Panchayat: Elected executive, led by Sarpanch.
• Block Level:
  • Panchayat Samiti: Representatives from Panchayats, led by Chairperson.
• District Level:
  • Zila Parishad: Apex body, includes MPs/MLAs, led by President.

Eleventh Schedule Subjects

• Key areas:
  • Agriculture, irrigation.
  • Rural housing, drinking water.
  • Roads, electrification.
  • Education, health, sanitation.
  • Welfare of weaker sections.
  • Social forestry.

Significance

• Brings governance closer to people.
• Enhances participation in decision-making.
• Empowers women, SCs, STs.
• Drives local development.
• Strengthens democracy.

Challenges

• Financial Dependence: Limited autonomy.
• Political Interference: Undermines independence.
• Illiteracy: Hampers effective governance.
• Capacity Gaps: Lack of training.
• Social Biases: Gender/caste issues.
• Delayed Elections: Irregular State Finance Commissions.

Recent Developments

• Flagship Schemes: Gram Panchayats implement Swachh Bharat, MGNREGA, PM Awas Yojana, Jal Jeevan Mission.
• E-Panchayats: Digitization for transparency.

Key Committees

Comparison: Panchayati Raj vs. Municipalities

Conclusion

Panchayati Raj embodies grassroots democracy, realizing Gandhi’s vision of Gram Swaraj. As the quote states, “Power to the People begins at the Panchayat”, strengthening PRIs through empowerment, finance, and participation is crucial for India’s democratic success.