The concept of "Tribal Issues" is a complex legal and socio-political framework centered on the rights and governance of Scheduled Tribes (STs) in India, primarily concerning land, resources, and self-rule. The foundation is the constitutional provision for special administration under Article 244, which established the Fifth Schedule and Sixth Schedule. These schedules were created in 1950, drawing from the framework of Excluded and Partially Excluded Areas under the Government of India Act, 1935, to protect tribal communities from exploitation and preserve their distinct culture.
The Fifth Schedule (under Article 244(1)) applies to Scheduled Areas in 10 states and grants the Governor special powers to modify or restrict the application of laws, advised by a Tribes Advisory Council. In contrast, the Sixth Schedule (under Article 244(2)) applies to Tribal Areas in Assam, Meghalaya, Tripura, and Mizoram, granting greater autonomy through Autonomous District Councils (ADCs) with legislative and judicial powers.
A key institutional mechanism is the Provisions of the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA), which extends the Panchayati Raj system to Fifth Schedule Areas. PESA mandates that state laws must be consistent with tribal customary law and empowers the Gram Sabha as the nucleus of self-governance. Specifically, the Gram Sabha's mandatory recommendation for granting prospecting licenses or mining leases for minor minerals is specified under Section 4(k) of the PESA Act, 1996.
This framework connects directly to the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA), which was enacted to undo the historical injustice of unrecorded rights. The FRA grants Title rights for land under cultivation (up to 4 hectares) and Community Forest Resource rights. A recent institutional change was the creation of the National Commission for Scheduled Tribes (NCST) under Article 338A on February 19, 2004, via the 89th Amendment, to oversee the implementation of these safeguards.