The Fifth Schedule is a provision of the Constitution of India that deals with the administration and control of Scheduled Areas and Scheduled Tribes in ten states, excluding Assam, Meghalaya, Tripura, and Mizoram, which are covered by the Sixth Schedule. The provision is anchored in Article 244(1) of the Constitution. Its origin lies in the need to safeguard the unique cultural identity, land rights, and self-governance of tribal communities, a concern that traces back to the colonial-era Scheduled District Act, 1874, and the subsequent recommendations of the Constituent Assembly's Advisory Committee.
The mechanism of the Fifth Schedule grants special powers to the Governor of each state with Scheduled Areas. The Governor can direct that any particular Act of Parliament or the State Legislature does not apply to a Scheduled Area, or applies only with specified modifications and exceptions. Furthermore, the Governor is empowered to make regulations for the "peace and good government" of these areas, which can include prohibiting or restricting the transfer of land from tribal to non-tribal persons and regulating money-lending to Scheduled Tribes. The President of India is the authority empowered to declare an area as a Scheduled Area and can increase or decrease its size after consulting the State's Governor.
A key institutional connection is the Tribes Advisory Council (TAC), which must be established in each state with Scheduled Areas under Paragraph 4 of the Fifth Schedule. The TAC, with at least three-fourths of its members being Scheduled Tribe representatives from the State Legislative Assembly, advises the Governor on matters of tribal welfare and advancement. The Fifth Schedule is also closely connected to the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA), which extends the provisions of Part IX (Panchayats) to Scheduled Areas with modifications to empower the Gram Sabhas and protect tribal customs. While the core provisions of the Fifth Schedule have remained consistent since its enactment, there have been proposals, such as the Fifth Schedule to the Constitution (Amendment) Bill, 2020, to strengthen the role of the TAC and explicitly include human rights and indigenous rights in the Governor's regulation-making power.