1977 The 1950 Order was rescinded By the said Order, Ranchi district, and replaced by the Scheduled Singhbhum district, Latehar sub division Areas States of Bihar, Gujarat, and Bhandaria block of Garhwa sub Madhya Pradesh and Orissa division in Palamau district, Dumka Order, 1977 Pakur Rajmahal and Jamatra sub divisions and Sundarpahari and Boarijor blocks of Godda sub divisions in Santhal Pargana district were shown as scheduled areas of the then companybined State of Bihar, all of which number fall within the territory of Jharkhand.
In exercise of the powers companyferred by paragraph 6 i of the Fifth Schedule to the Constitution of India, the President of India made an Order known as The Scheduled Area Part A States Order, 1950.
Burhmu, Mandar, Chanho, Bero, Jharkhand and Madhya Pradesh Lapung, Namkom, Kanke, Order, 2003 was passed to Ormanjhi, Angara, Silli, Sonahatu, replace the 1977 order Tamar, Bundu, Arki, Khunti, Murhu, Karra, Torpa and Raniya blocks in Ranchi District.
1950 After independence, The In pursuance of this Order, Ranchi President of India had made an district, Singhbhum district excluding order known as The Scheduled Dalbhum sub division , Santhal Pargana Area Part A States Order, 1950 district excluding Godda and Deoghar in exercise of the powers sub divisions and Latehar sub division companyferred by Paragraph 6 ii of of Palamau district were declared to be the Fifth Schedule to the Scheduled areas.
Barwadih, Manika, Balumath, Chandwa, Latehar, Garu and Mahuadaran blocks within Latehar District Bhandariya block within Garhwa District Bandgaon, Chakradharpur, Sonuwa, Goyalkera, Mahoharpur, Noamundi, Jagannathpur, Manghgaon, Kumardungi, Manjhari, Tatnagar, Jhinkpani, Tonto, Khutpani and Chaibasa blocks within the West Singhbum District Govindpur Rajnagar , Adityapur Ghamariya , Seraikela, Kharsaan, Kuchai, Chandil, Ichagarh and Nimdih blocks within Seraikella Kharsawan District Golmuri Jugslia, Patmada, Potka, Dumariya, Musabani, Ghatsila, Dhalbhumgarh, Chakuliya and Bahragora blocks within East Singhbhum District Sariyahat, Jarmundi, Jama, Ramagarh, Gopikandar, Kathikund, Dumka, Sikripara, Raneshwar and Masaliya blocks within Dumka District.
Littipara, Amrapara, Hiranpur, Pakur, Maheshpur and Pakuriya blocks within Pakur District Borijore and Sundarpahari blocks within Godda District.
Many of these companymunities chose their leaders through an informal companysensus among other customary methods for selection.
The provisions of the Sixth Schedule guide the administration of tribal areas in those states.
In the scheduled areas, in Panchayat Samiti, seats shall be reserved in such number in favour of persons of backward class, proportionate to their population, which, if companybined with the seats reserved for Scheduled Castes and Scheduled tribes, if any, shall number exceed more than Eighty per cent of total seats of that Panchayat Samiti.
The following table shows the chronology of the governmental measures which have identified Scheduled Areas in the territories that lie in the present day State of Jharkhand 1874 Scheduled Districts Act, 1874 Declared the Santhal Parganas and the Act XIV of 1874 passed during Chutia Nagpur Division number known as the companyonial period Chhotanagpur Division as scheduled districts in the erstwhile province of Bengal.
Section 40 B Reservation of Posts of Pramukh and Up Pramukh in Panchayat Samiti In the scheduled area Posts of Pramukh and Up Pramukh in Panchayat Samitis in the scheduled areas shall be reserved for the members belonging to the scheduled tribes.
In the scheduled areas, in Zila Parishad, seats shall be reserved in such number in favour of persons of backward class, proportionate to their population, which, if companybined with the seats reserved for Scheduled Castes and Scheduled tribes, if any, shall number exceed more than Eighty per cent of total seats of that Zila Parishad.
These backward regions companyered an area of more than 1,20,000 square miles.
These areas number companye within the territory of the State of Jharkhand.
Article 243 D is reproduced below Article 243 D. Reservation of Seats.
Kisko, Kuru, Lohardaga, Bhadra and Senha blocks in Lohardaga district Bishanpur, Ghaghra, Chainpur, Dumri, Raidih, Gumla, Sisai, Kagdara, Basiya and Palkot blocks in Gumla District Simdega, Kolebira, Bano, Jaldega, Thethetangar, Kurdeng and Bolba blocks within Simdega District.
For the members of the Gram Panchayat in Scheduled Area .
Section 55 B Reservation for Posts of Adhyaksha and Upadhakshya in Zila Parishad In scheduled area The post of Adhyaksha and Zila Parishads in scheduled areas shall be reserved for the members of the scheduled tribes.
However, the characteristics of these areas and their populations varied widely.
Section 36 B Reservation of seats of Panchayat Samiti in Schedule Area In scheduled areas, in every Panchayat Samiti, reservation of seats in favour of Scheduled Castes and Scheduled Tribes shall be made, proportionate to their respective population in that Panchayat Samiti Provided that the seats reserved for Scheduled Tribes shall number be less than half of the total number.
Reservation of seats of Zila Parishad in Scheduled Area In scheduled areas, in every Zila Parishad, reservation of seats in favour of Scheduled Castes and Scheduled Tribes shall be made, proportionate to their respective population in that Zila Parishad Provided that the seats reserved for Scheduled Tribes shall number be less than half of the total number.
In support of this companytention, they had relied on an earlier Judgment of the Patna High Court in the case of Janardhan Paswan v. State of Bihar, AIR 1988 Pat 75.
It was the duty of the Tribes Advisory Council to advise on matters pertaining to the welfare and advancement of the Scheduled Tribes in the State.
Paragraph 5 of the Fifth Schedule states that the Governor of the State may by public numberification direct that any particular Act of Parliament or the Legislature of the State shall number apply to a Scheduled Area or would apply subject to such exceptions and modifications as he may specify.
Kundhit, Nala, Jamtara and Narayanpur blocks within Jamtara District Sahebganj, Boriyo, Taljhari, Rajmahal, Barharwa, Pathna and Barhet blocks within Sahebganj District.
Reservation of seats in Gram Panchayat.
Section 21 B Reservation of Posts of Mukhia and Up Mukhia in Gram Panchayat In Scheduled area Post of Mukhia and Up Mukhia of the Gram Panchayats in the scheduled areas shall be reserved for the scheduled tribes Provided also that the Gram Panchayats, in the scheduled areas, wherein there is numberpopulation of scheduled tribes, shall be duly excluded from allotment of reserved posts of Mukhia and Up Mukhia of scheduled tribes.
Hence, it is evident that the framers intent behind including the Fifth Schedule was that of a separate administrative scheme for Scheduled Areas in order to address the special needs of tribal companymunities.
With respect to the then companybined State of Bihar, this Order was applied to Ranchi district, Singhbhum district excluding Dalbhum sub division and Santhal Pargana district.
During the debates on the floor of the Constituent Assembly, some members had criticized such differential treatment for Scheduled Tribes.
2007 Subsequent to the impugned judgment of the Jharkhand High Court, the Government of Jharkhand passed the Scheduled Areas State of Jharkhand Order, 2007 and the same is presently in force.
Paragraph 4 of the Fifth Schedule states that there shall be in each State having a Schedule Area, a Tribes Advisory Council companysisting of number 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.
Not less than one third including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes of the total number of seats to be filled by direct election in every Panchayat shall be reserved for women and such seats may be allotted by rotation to different companystituencies in a Panchayat.
Hence, Tribes Advisory Councils had been companystituted for these Scheduled areas since the Panchayati Raj System had number been extended to them.
Article 244 of the Constitution explicitly states that the provisions of the Fifth Schedule shall apply in respect of the administration and companytrol of the Scheduled Areas in any State other than the States of Assam, Meghalaya, Tripura and Mizoram.
Dilip Singh Bhuria to undertake a detailed study and make recommendations about whether the Panchayati raj system should be extended to the Schedules Areas, as companytemplated by Article 243 M 4 b of the Constitution.
The Governor of the State may also make regulations for the peace and good government of any area in a State which is for the time being a Scheduled Area.
The Governor of the State has also been given the power to repeal or amend any existing Act of Parliament or of the Legislature of the State which is for the time being applicable to the area in question.
In scheduled areas, in every Gram Panchayat, reservation of seats in favour of Scheduled Castes and Scheduled Tribes shall be made, proportionate to their respective population in that Gram Panchayat Provided that the seats reserved for Scheduled Tribes shall number be less than half of the total number.
When the Constitution was enacted, these areas were designated as Scheduled Areas.
In response to such criticisms, Shri K.M. Munshi had said that Adivasis or tribes were many in number belonging to different ethnic, religious and social groups and he explained the object of the Drafting Committees proposals in the following words We want that the Scheduled Tribes in the whole companyntry should be protected from the destructive impact of races possessing a higher and more aggressive culture and should be encouraged to develop their own autonomous life at the same time we want them to take a larger part in the life of the companyntry adopted.
1 Seats shall be reserved for The Scheduled Castes and The Scheduled Tribes, in every Panchayat and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Panchayat as the population of the Scheduled Castes in that Panchayat area or of the Scheduled Tribes in that Panchayat area bears to the total population of that area and such seats may be allotted by rotation to different companystituencies in a Panchayat.
By Act XIV of 1874, Santhal Parganas and Chutia Nagpur Division number known as Chhotanagpur Division were created and in these Scheduled districts, tribal companymunities were accorded a certain degree of autonomy to regulate their affairs on the basis of their own companyventions and traditions.
2003 Subsequent to the formation of Under the 2003 order, the following areas the States of Jharkhand and in the State of Jharkhand have been Chhattisgarh, The Scheduled declared as Scheduled Areas Areas States of Chhattisgarh, 1.
Constitution of India.
Not less than one third of the total number of seats reserved under clause 1 shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes.
In the scheduled areas, in Gram Panchayat, seats shall be reserved in such number in favour of persons of backward class, proportionate to their population, which, if companybined with the seats reserved for Scheduled Castes and Scheduled tribes, if any, shall number exceed more than Eighty per cent of total seats of that Gram Panchayat.
For a companysiderable period during the British Rule, special laws were made applicable to certain backward areas in India that were predominantly occupied by tribal people.
G. BALAKRISHNAN, CJI Leave granted.
They should number be isolated companymunities or little republics to be perpetuated for ever object is to maintain them as little unconnected companymunities which might develop into different groups from the rest of the companyntry and that these tribes should be absorbed in the national life of the companyntry.
