📝 Test yourself with a quick quiz
10 questions · ~5 min · instant score
Graduate Level intermediate Article 370 Article 371 Fifth Schedule Sixth Schedule Special Provisions Tribal Areas
Special Provisions — Article 370 (Abrogated), Article 371 Series, 5th and 6th Schedules
Study notes on special constitutional provisions covering Article 370, Article 371 series, Fifth and Sixth Schedules, and tribal area administration for Kerala PSC.
📝
Take a quick quiz
10 Qs · ~5 min
📊
Try a full mock
100 Qs · 75 min · PSC scoring
📋 At a glance
— Study notes on special constitutional provisions covering Article 370, Article 371 series, Fifth and Sixth Schedules, and tribal area administration for Kerala PSC.
#Article 370
#Article 371
#Fifth Schedule
#Sixth Schedule
#Special Provisions
#Tribal Areas
Sign in to continue reading
You've read 5 free study notes. Sign in to unlock all 270+ notes.
Free forever — no payment needed for study notes.
Or
The Indian Constitution contains special provisions for certain states, union territories, and tribal areas. These are heavily tested in Kerala PSC polity sections.
Article 370 — Special Status of Jammu and Kashmir (Now Abrogated)
| Aspect | Details |
|---|---|
| Original provision | Granted temporary special autonomous status to J and K |
| Key features | J and K had its own Constitution; separate flag; Indian Parliament could legislate only on defence, foreign affairs, and communications |
| Instrument of Accession | Signed by Maharaja Hari Singh (26 October 1947) |
| J and K Constitution adopted | 17 November 1956 |
| Article 35A | Allowed J and K legislature to define “permanent residents” and their special rights (property, jobs, scholarships) |
| Abrogation | 5 August 2019 — Article 370 rendered inoperative by Presidential Order (C.O. 272) |
| Method | Rajya Sabha passed resolution under Article 370(3); Parliament passed J and K Reorganisation Act, 2019 |
| Result | J and K split into two Union Territories: J and K (with legislature) and Ladakh (without legislature) |
| Supreme Court verdict | December 2023 — upheld the abrogation as constitutionally valid |
Article 371 Series — Special Provisions for Other States
| Article | State | Special Provision |
|---|---|---|
| 371 | Maharashtra, Gujarat | Separate development boards for Vidarbha, Marathwada (Maharashtra); Saurashtra, Kutch (Gujarat) |
| 371A | Nagaland | Acts of Parliament on Naga customary law, religious/social practices, land, and local governance do not apply unless State Assembly decides |
| 371B | Assam | Committee of members from tribal areas in State Assembly |
| 371C | Manipur | Committee for Hill Areas in State Assembly |
| 371D | Andhra Pradesh | Equitable opportunities in education and employment for people of different regions |
| 371E | Andhra Pradesh | Central University in AP |
| 371F | Sikkim | Protects old laws; seats reserved in Assembly for different sections; special representation in Parliament |
| 371G | Mizoram | Acts of Parliament do not apply to Mizo customary law, land, religious/social practices unless State Assembly decides |
| 371H | Arunachal Pradesh | Governor has special responsibility regarding law and order |
| 371I | Goa | Special provision to ensure development |
| 371J | Karnataka | Hyderabad-Karnataka region development board; reservation in education and employment for the region |
Key Pattern for PSC
The 371 series articles for Nagaland (371A) and Mizoram (371G) are the strongest — they protect customary law, land ownership, and religious practices from Parliamentary override unless the State Assembly consents.
Fifth Schedule — Administration of Scheduled Areas
| Aspect | Details |
|---|---|
| Applicable to | Scheduled Areas in 10 states: Andhra Pradesh, Telangana, Jharkhand, Chhattisgarh, MP, Gujarat, HP, Maharashtra, Odisha, Rajasthan |
| NOT applicable to | Tribal areas of NE states (those fall under 6th Schedule) |
| Governor’s role | Special powers: can direct that Acts of Parliament or State Legislature do not apply to Scheduled Areas, or apply with modifications |
| Tribes Advisory Council (TAC) | Mandatory in states with Scheduled Areas; advises Governor on tribal welfare |
| TAC composition | Up to 20 members; 3/4 must be ST members of State Legislature |
| Key legislation | PESA Act (Panchayats Extension to Scheduled Areas), 1996 — extends Panchayati Raj to 5th Schedule areas with modifications |
Sixth Schedule — Administration of Tribal Areas in NE India
| Aspect | Details |
|---|---|
| Applicable to | Tribal areas of 4 states: Assam, Meghalaya, Tripura, Mizoram |
| Key body | Autonomous District Councils (ADCs) and Regional Councils |
| ADC powers | Can make laws on land, forests, canal water, shifting cultivation, village/town administration, inheritance, marriage, social customs |
| ADC composition | Up to 30 members; elected members + nominated by Governor |
| Judicial powers | ADCs can constitute village courts for cases involving tribals |
| Revenue | Can collect land revenue, levy taxes |
| Governor’s role | Can increase/decrease area, create new ADCs, divide/unite ADCs |
Fifth Schedule vs Sixth Schedule
| Feature | Fifth Schedule | Sixth Schedule |
|---|---|---|
| Applicable | 10 states (mainland tribal areas) | 4 NE states (Assam, Meghalaya, Tripura, Mizoram) |
| Key body | Tribes Advisory Council | Autonomous District Councils |
| Governance | Governor has special powers; TAC advises | ADCs have legislative, judicial, and executive powers |
| Level of autonomy | Moderate (Governor-dependent) | High (ADCs have law-making power) |
| Judicial powers | None for TAC | ADCs can constitute village courts |
Scheduled Tribes — Key Constitutional Provisions
| Article | Provision |
|---|---|
| 342 | President can specify Scheduled Tribes by notification (Parliament can modify the list) |
| 244 | Administration of Scheduled Areas and tribal areas (5th and 6th Schedule) |
| 275 | Grants-in-aid for promoting welfare of STs |
| 330 | Reservation of seats for STs in Lok Sabha |
| 332 | Reservation of seats for STs in State Assemblies |
| 335 | Claims of STs in services and posts |
| 338A | National Commission for Scheduled Tribes (separated from SC commission by 89th Amendment, 2003) |
| 339 | Control of the Union over administration of Scheduled Areas and welfare of STs |
PESA Act, 1996 (Panchayats Extension to Scheduled Areas)
| Aspect | Details |
|---|---|
| Full name | Provisions of the Panchayats (Extension to Scheduled Areas) Act, 1996 |
| Purpose | Extend 73rd Amendment (Panchayati Raj) to 5th Schedule areas |
| Key feature | Gram Sabha given central role — owns minor forest produce, controls community resources, approves development plans |
| Applies to | 5th Schedule areas in 10 states |
| Gram Sabha powers | Prevent alienation of tribal land; restore unlawfully alienated land; manage village markets; control moneylending |
Important Commissions Related to Tribal Affairs
| Commission | Details |
|---|---|
| Dhebar Commission (1960–61) | First commission on Scheduled Areas and STs; recommended protective measures |
| Bhuria Committee (1995) | Recommended extension of Panchayati Raj to 5th Schedule areas (led to PESA Act) |
| Mungekar Commission | On sub-categorisation of STs |
| Xaxa Committee (2014) | Examined socio-economic conditions of tribals; recommended land rights protection |
PSC-Focused Quick Recall
| Question Pattern | Answer |
|---|---|
| Article 370 abrogated on | 5 August 2019 |
| J and K split into | Two UTs: J and K (with legislature) and Ladakh (without legislature) |
| Article 371A applies to | Nagaland (protects customary law) |
| Sixth Schedule applies to | Assam, Meghalaya, Tripura, Mizoram |
| Fifth Schedule key body | Tribes Advisory Council |
| Sixth Schedule key body | Autonomous District Councils |
| PESA Act year | 1996 |
| PESA gives central role to | Gram Sabha |
| National Commission for STs — Article | 338A (89th Amendment, 2003) |
| Article 371J applies to | Karnataka (Hyderabad-Karnataka region) |
| Instrument of Accession of J and K signed by | Maharaja Hari Singh |
| Supreme Court upheld Article 370 abrogation in | December 2023 |
Related Notes
Hub: Indian Polity — Complete Guide for Kerala PSC
More on Federal Structure:
Found an error or have a suggestion?
Thank you! Your feedback has been submitted.