A Critique

The Fifth Schedule of the Constitution

The Fifth Schedule was intended by the founding fathers of the Constitution as an innovative device for promoting the welfare and advancement of Scheduled Tribes and the administration of scheduled areas. It confers uncommon powers for governance in scheduled areas, on the governor of a state having scheduled areas. In practice, however, the extraordinary legislative and executive gubernatorial powers have hardly been deployed despite the recommendations of various panels. It is felt that with some key reforms, the Fifth Schedule can be transformed into a purposeful instrument for the upliftment of STs.

This article critiques the Fifth Schedule of the Constitution in its entirety. It looks particularly at its discretionary character, so far not analysed, with a view to suggest measures for the accelerated “welfare and advancement” of the Scheduled Tribes (STs). While upholding that character, it discerns that, by and large, the discretionary powers vested in the governor of a state having scheduled areas, have hardly been used.

Constituent Assembly

To read the full text Login

Get instant access

New 3 Month Subscription
to Digital Archives at

₹826for India

$50for overseas users

Updated On : 25th Jan, 2019

Comments

(-) Hide

EPW looks forward to your comments. Please note that comments are moderated as per our comments policy. They may take some time to appear. A comment, if suitable, may be selected for publication in the Letters pages of EPW.

Empirical data from the last two-and-a-half decades tells stories of upper-caste hegemony and lack of lower-caste representation in Indian media....

In recent times, the right to speech, expression and the right to protest have been constantly undermined. An attack on these rights runs contrary...

This article argues in favour of dismantling the Industrial Disputes Act. For several decades now, the provisions in the IDA have been the leading...

The presence of status quo bias and information asymmetry in the market of menstrual products as deterrents for urban, educated menstruating women...

This article raises wider questions like whether the social sciences have been able to provide any meaning to the Covid-19 crisis by exploring the...

As a signatory to the 2030 Agenda for Sustainable Development, India is committed to ensure equal access to all levels of education and vocational...

There is a tendency to view the threat to judicial independence in India as emerging from the executive branch, and occasionally the legislature....

COVID-19 and the resultant lockdowns have severely curtailed the mobility of persons with disabilities, restricted their ability to seek basic...

The extraordinary nature of the crisis faced by the Congress means that the revival of the party is necessarily predicated upon its renewal. This...

This article aims to study the global trade union initiatives and their efforts besides understanding the journey of global union federations’ in...

Back to Top