(Article) Role of Governors in Tribal Areas

(Notes Useful in all Interviews conducted by UPSC; Civil Services (Exclusive): GS (CS Pre, CS Mains- Polity, National Affairs, Social Issues) & in optionals like Public Administration, Sociology, Geography (Cultural Geography, Political Geography, Regional Planning), Political Science, Law etc)

Tribal Welfare Responsibility: The Ministry of Tribal Affairs has the responsibility of reducing these glaring gaps by supplementing the efforts of the nodal Ministries in the Government and of the State Governments through need-based interventions. It has taken up a series of programmes and schemes to empower the tribals socially, politically and economically. However, in this context, it is pertinent to mention that Governors have a vital role to play.

Governor’s Role: The Governors have been endowed with certain special powers with regard the Fifth Scheduled Areas.

Constitutional Provisions & Power of Governor:

Under the powers conferred by the Fifth Schedule, the Governors can not only direct that any particular law or part thereof may not apply to a Scheduled Area that can also make regulation for good governance and peace in these areas.

The Governors can intervene in areas relating to-Prohibition or Restriction of the transfer of land by or among Scheduled Tribe members; regulation of allotment of land in such areas; and the regulation of money-lending activities.

The Governor has basically been given the legislative power to make regulations for the “peace and good government of any area which is a scheduled area.” The peace and good government are words of very wide import and give wide discretion to the Governor to make laws for such purpose.

Presidential Reference & Discretionary Powers of a Governor: One can recall the observations made by the President at the Governors’ Conference held on 16th and 17th of September, 2008 regarding the need for an authoritative legal opinion with respect to powers of Governors under the Fifth Schedule. The matter has since been examined in consultation with Ministry of Law and Justice and Attorney General of India has opined that “in performance of the functions and exercise of the powers under the Fifth Schedule, the Governor is not bound by the aid and advice of the Council of Ministers of the State”.

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