PART B of CoI : PART B: Administration and Control of Scheduled Areas and Scheduled Tribes.

Explanation using Example

Example 1:

Scenario: Establishment of a Tribes Advisory Council in a State with Scheduled Areas

State: Jharkhand

Situation: Jharkhand has several Scheduled Areas and a significant population of Scheduled Tribes. The state government, following the provisions of the Constitution of India, establishes a Tribes Advisory Council.

Details:

• The Council consists of 20 members.
• 15 members are representatives of the Scheduled Tribes in the Legislative Assembly of Jharkhand.
• The remaining 5 seats are filled by other members of the Scheduled Tribes since the number of representatives in the Legislative Assembly is less than 20.
• The Council advises the Governor on matters related to the welfare and advancement of the Scheduled Tribes, such as education, healthcare, and employment opportunities.

Outcome: The Tribes Advisory Council successfully recommends the implementation of a new scholarship program for tribal students, which is then approved by the Governor and implemented by the state government.

Example 2:

Scenario: Regulation of Land Transfer in a Scheduled Area

State: Odisha

Situation: In a Scheduled Area of Odisha, there is a concern about the transfer of land from Scheduled Tribe members to non-tribal individuals, leading to the displacement of tribal communities.

Details:

• The Governor of Odisha issues a public notification stating that the transfer of land by or among members of the Scheduled Tribes in the Scheduled Area is prohibited.
• This regulation is made to protect the land rights of the Scheduled Tribes and prevent exploitation.
• The Governor also consults the Tribes Advisory Council before making this regulation.
• The regulation is submitted to the President for assent and comes into effect once approved.

Outcome: The regulation helps in safeguarding the land ownership of the Scheduled Tribes, ensuring that their land is not transferred to non-tribal individuals, thereby protecting their cultural and economic interests.

Example 3:

Scenario: Regulation of Money-Lending Practices in a Scheduled Area

State: Madhya Pradesh

Situation: In a Scheduled Area of Madhya Pradesh, there are reports of exploitative money-lending practices targeting the Scheduled Tribes, leading to severe debt and financial distress among the tribal population.

Details:

• The Governor of Madhya Pradesh, using the powers conferred by the Constitution, issues a regulation to control money-lending practices in the Scheduled Area.
• The regulation includes provisions that require money-lenders to obtain a license and adhere to fair interest rates.
• The regulation also mandates that any disputes related to money-lending be resolved through a special tribunal set up for this purpose.
• The Tribes Advisory Council is consulted before the regulation is finalized.
• The regulation is submitted to the President and comes into effect after receiving assent.

Outcome: The regulation curbs exploitative money-lending practices, providing relief to the Scheduled Tribes from high-interest debts and ensuring fair financial practices in the Scheduled Area.