ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

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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

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Updated On : 25th Jan, 2019

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