Fifth Schedule to the Constitution of India

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The Fifth Schedule of the Constitution of India gives special powers to the Governor to provide autonomy to the Scheduled Tribes, thereby limiting the effect of Acts of the Central and State Legislatures on the Scheduled Areas. [1] [2] [3]

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<span class="mw-page-title-main">Languages with legal status in India</span> Languages designated official status by the Constitution of India

There is no national language in the Republic of India. However, article 343(1) of the Indian constitution specifically mentions that "The official language of the Union shall be Hindi in Devanagari script. The form of numerals to be used for the official purposes of the Union shall be the international form of Indian numerals," while article 343(2) allowed for the continuation of English as an official language for another 15 years and 343(3) gave the parliament the power to provide for the use of English language after this period. The clause 3 of the Official Languages Act, 1963 allows for the continued use of English language for official purposes of the Union government and for parliamentary business. Hence Indian English and Modern Standard Hindi are the Official Languages of the Government of India.

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<span class="mw-page-title-main">Scheduled Castes and Scheduled Tribes</span> Official designations given to various groups of indigenous people in India

The Scheduled Castes and Scheduled Tribes are officially designated groups of people and among the most disadvantaged socio-economic groups in India. The terms are recognized in the Constitution of India and the groups are designated in one or other of the categories. For much of the period of British rule in the Indian subcontinent, they were known as the Depressed Classes.

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The Jammu and Kashmir Legislative Assembly, also known as the Jammu and Kashmir Vidhan Sabha is the legislature of Indian union territory of Jammu and Kashmir.

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<span class="mw-page-title-main">PESA Act</span> 244(A)

The Provisions of the Panchayats Act, 1996 abbreviated as PESA Act is a law enacted by the Government of India for ensuring self governance through traditional Gram Sabhas for people living in the Scheduled Areas of India. Scheduled Areas are areas identified by the Fifth Schedule of the Constitution of India. Scheduled Areas are found in ten states of India which have predominant population of tribal communities. The Scheduled Areas, were not covered by the 73rd Constitutional Amendment or Panchayati Raj Act of the Indian Constitution as provided in the Part IX of the Constitution. PESA was enacted on 24 December 1996 to extend the provisions of Part IX of the Constitution to Scheduled Areas, with certain exceptions and modifications. PESA sought to enable the Panchayats at appropriate levels and Gram Sabhas to implement a system of self-governance with respect to a number of issues such as customary resources, minor forest produce, minor minerals, minor water bodies, selection of beneficiaries, sanction of projects, and control over local institutions. PESA is an Act to provide for the extension of the provisions of Part IX of the Constitution relating to the Panchayats and the Scheduled Areas. PESA was viewed as a positive development for tribal communities in Scheduled Areas who had earlier suffered tremendously from engagement with modern development processes and from the operation of both colonial laws and statutes made in independent India. The loss of access to forest, land, and other community resources had increased their vulnerability. Rampant land acquisition and displacement due to development projects had led to large scale distress in tribal communities living in Scheduled Areas. PESA was seen as a panacea for many of these vulnerabilities and sought to introduce a new paradigm of development where the tribal communities in such Scheduled Areas were to decide by themselves the pace and priorities of their development.

<span class="mw-page-title-main">Twenty-third Amendment of the Constitution of India</span>

The Twenty-third Amendment of the Constitution of India, officially known as The Constitution Act, 1969, discontinued reservation of seats for the Scheduled Tribes in Nagaland, both in the Lok Sabha and the State Legislative Assembly and stipulated that not more than one Anglo-Indian could be nominated by the Governor to any State Legislative Assembly. Prior to the amendment, the number of Anglo-Indians who could be nominated to the State Legislative Assemblies, was left to the discretion of the Governor of the State. The amendment also extended the period of reservation of seats for the Scheduled Castes and Scheduled Tribes and representation of the Anglo-Indians in the Lok Sabha and the State Legislative Assemblies for another ten years, i.e. up to 26 January 1980.

<span class="mw-page-title-main">Forty-fifth Amendment of the Constitution of India</span>

The Forty-fifth Amendment of the Constitution of India, officially known as The Constitution Act, 1980, extended the period of reservation of seats for the Scheduled Castes and Scheduled Tribes and representation of the Anglo-Indians in the Lok Sabha and the State Legislative Assemblies for another ten years, i.e. up to 26 January 1990.

Scheduled Areas are areas in India with a preponderance of tribal population subject to a special governance mechanism wherein the central government plays a direct role in safeguarding cultural and economic interests of scheduled tribes in the area. The authority to create and administer Scheduled Areas stems from the Fifth and Sixth Schedules of the Constitution of India.

<span class="mw-page-title-main">One Hundred and Fourth Amendment of the Constitution of India</span> Constitutional amendment of 2019

The One Hundred and Fourth Amendment of the Constitution of India, extends the deadline for the cessation of the reservation of seats for members from Scheduled Castes and Scheduled Tribes in the Lok Sabha and State Legislative Assemblies by a period of 10 years.

<span class="mw-page-title-main">Third Banerjee ministry</span>

The 21st Council of Ministers for the state of West Bengal was formed under the leadership of Mamata Banerjee. She was sworn in as Chief Minister of West Bengal for the third time on 5 May 2021. The remaining council of ministers was sworn in on 10 May 2021.

References

  1. Tewari, Saagar (September 23, 2022). "Framing the Fifth Schedule: Tribal agency and the making of the Indian Constitution (1937–1950)". Modern Asian Studies. 56 (5): 1556–1594. doi: 10.1017/S0026749X21000779 via Cambridge University Press.
  2. Xaxa, Virginius (November 8, 2019). "Governors and the Fifth Schedule". Economic and Political Weekly. Vol. 54, no. 44.
  3. Singh, Bhupinder (2013). "The Fifth Schedule of the Indian Constitution". Indian Journal of Public Administration. 59 (2): 211–227. doi:10.1177/0019556120130201. S2CID   96501503.


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