Non-tribals have right to settle in Scheduled Area: SC

Noting that every citizen has a right to reside in any part of India subject to “reasonable restrictions”, the Supreme Court has ruled that even persons who are not tribesmen have the right to settle down and exercise the right to vote in a Scheduled Area under the Fifth Schedule of the Constitution.

• A petition was filed in the Supreme Court in which the petitioner had contended
  • Right to settle: no one had the right to settle in the Scheduled Area, except for the members of the Scheduled Tribes
  • Right to vote: every person, who didn’t belong to Scheduled Tribes and residing in the Scheduled Area, was an unlawful occupant and, therefore, was disentitled to exercise his right to vote in a Scheduled Area constituency.=

The key conclusion made by the Supreme Court

• Even though the Fifth Schedule is a law, it does not put any constraints on the exercise of the fundamental rights under Article 19(1) of the Constitution.

• Power of Governor: The power of the Governor under Clause 5 of the Fifth Schedule is restricted to directing that a particular law will not apply to the Scheduled Area or it will apply with such modifications as may be specified in the notification issued under Clause 5(1) of the Fifth Schedule or while making Regulations in terms of Clause 5(2) of the Fifth Schedule.
  • The power of the Governor under Clause 5 of the Fifth Schedule does not supersede the Fundamental Rights under Part III of the Constitution of India
• Fundamental Rights conferred by Article 19(1)(e) of the Constitution [all citizens have the right to reside and settle in any part of the territory of India] on the citizens can also be exercised in relation to the Scheduled Area.

• Right to vote: As far as the right to vote is concerned, the 1950 Act applies to the Scheduled Area. Therefore, the appellant cannot contend that only a person belonging to the Scheduled Tribes can cast a vote in elections of the constituencies in the Scheduled Area.

What are the Fifth Schedule Areas?

• The Fifth Schedule of the Indian Constitution pertains to the administration and control of Scheduled Areas in India.
• Tribal communities primarily inhabit the Fifth Scheduled Areas, and the provisions under this Schedule aim to protect their rights and promote their welfare.
• In these areas, special provisions have been made for the governance and development of tribal communities, such as the
  • establishment of Tribal Advisory Councils
  • prohibition of transfer of land from tribals to non-tribals
  • regulation of land acquisition
  • protection of tribal rights
• The Fifth Schedule also provides for appointing a Governor's representative to oversee the administration of the Scheduled Areas.