 bi! no 86 of 1976 the fifth schedule to the constittrrion (amendment) bill, 1976 a billfurther to amend the fifth schedule to the constitution of india be it enacted by parliament in the twenty-seventh year of the republic of india as follows:-1 this act may be called the fifth schedule to the constitution short (amendment) act, 1976 title paragraph (2),-s z in the fifth schedule to the constitution, in paragraph 6, in sub-amendmentof the fifth schedule (i) after clause (a), the following clause shall be inserted, namely:-ii (00) increase the area of any scheduled area in a state after consultation with the governor of that state;"; 10 (2) after clause (c), the following clause shall be inserted, namely:-ii (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 are~ which at'e to be scheduled areasi"  statement of objects and reasonswith a view to intensify tribal development effort in the fifth plai, all areas with more than 50 per cent tribal concentration, besides the existing scheduled areas, have been delineated in various states and union territories special programmes have been prepared for these areas under tribal sub-plans each state has quantified the level of investment in the sub-plan areas from the state plan in addition, special central assistance of rs 200 crores has been set apart for tribal development during the fifth five year plan period 2 according to the new approach, specific programmes are to be prepared for each project area keeping in view its special problems the sub-plan also accords highest priority to elimination of exploitation including tackling the problem of land alienation, bonded labour, indebtedness, etc the fifth schedule to the constitution makes special provision for the administration of tribal areas and provides a broad and flexible frame for effective legal and administrative action' the powers under the fifth schedule can be used for effective implementation of developmental programmes and promptly tackling the problem of exploitation in various forms a review of the sub-plan area in states having scheduled areas shows that while bulk of the sub-plan area is covered under the fifth schedule some areas are outside this presents an anomalous situation since effective simultaneous action cannot be taken throughout the sub-plan area it is, therefore, considered desirable that the area presently covered under the fifth schedule may be rationalised 90 that the scheduled area may cover the entire sub-plan area in these states 3 under paragraph 6 (1) of the fifth schedule to the constitution the president may by order declare any area as a scheduled area, and under paragraph 6 (2) he may alter the existing boundaries of the scheduled areas but by way of rectification alone in order that the subplan areas may be declared as scheduled areas it is necessary to empower the president to increase the area of any scheduled areas in any state the present bill seeks to achieve this purpose k brahmananda rendi new'delhi; the 19th august, 1976 paragraph 6 of the fifth schedule to the constitution  alr~dy authorises the president to make orders declaring any area to be a scheduled area it is considered necessary to rationalise the scheduled areas so as to cover the entire sub-plan area of the various states this involves the increasing of the scheduled areas and re-defining them by rescinding the existing orders and issuing orders afresh in relation to the states clause 2 of the bill seeks therefore to amend paragraph 6 of the fifth schedule to the constitution so as to empower the president to make orders to-(a) increase the area of any scheduled area in a state·after consultation ~ith the governor of that state; (b) rescind, in relation to any state or states, any order or orders made under paragraph 6 and in consultation with the governor of the state concerned, make fresh orders re-deftning the areas which are to be scheduled areas these pertain to matters already envisaged in the constitution and the delegation of legislative power is of a normal character   - • - • fifth schedule [article 244(1)]provisions as to the administration and control of scheduled areu and scheduled tribel - - - - - 6 scheduled areas-(i) - - - (2) the president may at any time by order-(a) direct that the whole or any apecified 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 01 boundariel, 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 in any state to be, or to form part of, a scheduled area; 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 ihall not be varied by any subsequent order  - - - - -  & billfurther to amend the fifth schedule to the constitution of india (shri k brahma714ndci reddy, minister of home affairs) 