From Constitutional Text to Practice: The Fifth Schedule and Its Impact on Tribal Autonomy and Indian Federalism

Abstract

This paper presents a critical discourse analysis of the Fifth Schedule of the Indian Constitution, examining its language paragraph by paragraph to understand how it distributes power and affects federalism. While the Schedule formally recognises the autonomy of Scheduled Areas and tribal institutions, in practice, significant authority remains concentrated in the hands of the Governor and the Union Government. The Tribal Advisory Councils (TACs), intended to advise on the welfare and development of Scheduled Tribes, function largely at the Governor’s discretion, limiting their autonomy. Provisions such as the Governor’s reporting to the President, the Governor power to direct the formation of TACs, and the state’s selective implementation of the Panchayats (Extension to the Scheduled Areas) Act reveal a tension between central oversight, tribal self-governance, and the fit of the Schedule to diverse tribal contexts. Furthermore, the Schedule primarily focuses on Scheduled Areas, often overlooking tribes living outside these regions, creating gaps in protection and representation. This paper, by highlighting both the strengths and weaknesses of the Fifth Schedule, demonstrates how it simultaneously reinforces and constrains India’s federal structure while shaping the practical governance and rights of tribal communities.