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Union Territories & Special Areas

Polity notes for UPSC CSE Prelims 2027 · Free

Last reviewed · Written and checked by the Prelims Lab faculty · About 30 min to read

Union Territories and Delhi, Fifth and Sixth Schedule areas, Articles 371–371J, Scheduled Tribes and PVTGs. Free notes for UPSC CSE Prelims 2027, written around the traps UPSC sets, with the exact text of the Constitution and every past question on the topic.

Union Territories & Special Areas in short
Union Territories
Union Territories (UTs) are areas governed directly by the Centre. The President runs each UT through an administrator (often called a Lieutenant Governor).
Scheduled Areas (Fifth Schedule)
Many tribal communities live in central and western India. To protect their land and culture, the President can declare their regions as Scheduled Areas under the Fifth Schedule.
Tribal areas (Sixth Schedule)
Tribal areas of four north-eastern States (Assam, Meghalaya, Tripura, Mizoram) get more self-rule under the Sixth Schedule. They have Autonomous District Councils that can make laws on land, forests, marriage and customs.
Special provisions for some States (Articles 371 to 371J)
Some States have special provisions in Articles 371 to 371J because of their history or special needs.
Scheduled Tribes and forest rights
Scheduled Tribes (STs) are communities listed by the President for each State (Article 342). Only Parliament can add or remove a community from the list.

How to read: each section has The idea in brief (start here if the topic is new), Exam notes (the facts UPSC tests) and Ranker’s edge (the fine points). Each section opens with the bare text of the Constitution. Open In depth for the story behind it and past questions.

1. Union Territories

The bare text
Bare text · Article 239Constitution of India, as on 1 May 2024

[239. Administration of Union territories.—(1) Save as otherwise provided by Parliament by law, every Union territory shall be administered by the President acting, to such extent as he thinks fit, through an administrator to be appointed by him with such designation as he may specify.

(2) Notwithstanding anything contained in Part VI, the President may appoint the Governor of a State as the administrator of an adjoining Union territory, and where a Governor is so appointed, he shall exercise his functions as such administrator independently of his Council of Ministers.]

Clauses not relevant here are left out.
Bare text · Article 239AConstitution of India, as on 1 May 2024

[239A. Creation of local Legislatures or Council of Ministers or both for certain Union territories.—(1) Parliament may by law create [for the Union territory of [Puducherry]]—

(a) a body, whether elected or partly nominated and partly elected, to function as a Legislature for the Union territory, or

(b) a Council of Ministers, or both with such constitution, powers and functions, in each case, as may be specified in the law.

(2) Any such law as is referred to in clause (1) shall not be deemed to be an amendment of this Constitution for the purposes of article 368 notwithstanding that it contains any provision which amends or has the effect of amending this Constitution.]

Amended by: 14th (1962) Amendment
* Article 239A has been made applicable to Union Territory of Jammu and Kashmir by the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019) S.13 (w.e.f. 31-10-2019)
Bare text · Article 239AAConstitution of India, as on 1 May 2024

[239AA. Special provisions with respect to Delhi.—(1) As from the date of commencement of the Constitution (Sixty-ninth Amendment) Act, 1991, the Union territory of Delhi shall be called the National Capital Territory of Delhi (hereafter in this Part referred to as the National Capital Territory) and the administrator thereof appointed under article 239 shall be designated as the Lieutenant Governor.

(3) (a) Subject to the provisions of this Constitution, the Legislative Assembly shall have power to make laws for the whole or any part of the National Capital Territory with respect to any of the matters enumerated in the State List or in the Concurrent List in so far as any such matter is applicable to Union territories except matters with respect to Entries 1, 2 and 18 of the State List and Entries 64, 65 and 66 of that List in so far as they relate to the said Entries 1, 2 and 18.

(4) There shall be a Council of Ministers consisting of not more than ten percent. of the total number of members in the Legislative Assembly, with the Chief Minister at the head to aid and advise the Lieutenant Governor in the exercise of his functions in relation to matters with respect to which the Legislative Assembly has power to make laws, except in so far as he is, by or under any law, required to act in his discretion:

Provided that in the case of difference of opinion between the Lieutenant Governor and his Ministers on any matter, the Lieutenant Governor shall refer it to the President for decision and act according to the decision given thereon by the President and pending such decision it shall be competent for the Lieutenant Governor in any case where the matter, in his opinion, is so urgent that it is necessary for him to take immediate action, to take such action or to give such direction in the matter as he deems necessary.

Clauses not relevant here are left out.
Amended by: 69th (1991), 70th (1992) Amendments
Arts 239AA and 239 AB ins. by the Constitution (Sixty-ninth Amendment) Act, 1991, s. 2 (w.e.f. 1-2-1992). 2. ins. by the Constitution (One-hundred and Sixth Amendment) Act, 2023, s. 2 (date yet to be notified).

Reading the text

  • The President runs every Union Territory, through an administrator with whatever title the President chooses (Article 239(1)): a Lieutenant Governor, an Administrator, or the Governor of a neighbouring State, as with Chandigarh under the Governor of Punjab.
  • Article 239A names only Puducherry in the text. A footnote in the official text records that the Jammu and Kashmir Reorganisation Act, 2019 also applied it to the Union Territory of Jammu and Kashmir. Ladakh has no legislature.
  • Delhi’s Assembly has three subjects carved out: public order (Entry 1), police (Entry 2) and land (Entry 18) of the State List. Everything else in the State and Concurrent Lists is open to it, subject to Parliament.
  • Ten per cent, not fifteen. Delhi’s Council of Ministers is capped at 10% of the Assembly (Article 239AA(4)), a cap the States do not have.
  • The proviso to 239AA(4): on a difference of opinion “on any matter”, the Lieutenant Governor refers it to the President and acts on the decision. This line is at the centre of every Delhi dispute.
The idea in brief

Union Territories (UTs) are areas governed directly by the Centre. The President runs each UT through an administrator (often called a Lieutenant Governor).

Why have UTs?Some areas are small or strategically important (islands like Andaman and Lakshadweep), some have a distinct culture (Puducherry), and some are capitals (Delhi, Chandigarh).
Exam notes
WherePart VIII, Articles 239 to 241. Every UT is administered by the President through an administrator (Lieutenant Governor, Administrator or Chief Commissioner)
Today: 8 UTsDelhi; Jammu and Kashmir; Ladakh; Puducherry; Chandigarh; Andaman and Nicobar; Lakshadweep; Dadra and Nagar Haveli and Daman and Diu
With legislaturesDelhi (Art 239AA, 69th Amendment, 1991), Puducherry (Art 239A, Government of UT Act, 1963), Jammu and Kashmir (Reorganisation Act, 2019)
Law-makingParliament can legislate for UTs on any subject, including the State List. The President can make regulations for Andaman and Nicobar, Lakshadweep, Dadra and Nagar Haveli and Daman and Diu (and Puducherry when its Assembly is suspended)
Chief MinisterIn Delhi and Puducherry the CM is appointed by the President, not the Lieutenant Governor (PYQ 2013). In Jammu and Kashmir the Reorganisation Act, 2019 lets the LG appoint the CM
DelhiPolice, public order and land stay with the Centre. In May 2023 a Constitution Bench gave the elected government control over “services”; Parliament then passed the GNCTD (Amendment) Act, 2023, creating the National Capital Civil Services Authority
In detail: UTs exist for political and administrative reasons (Delhi, Chandigarh), cultural distinctness (Puducherry, Dadra and Nagar Haveli), strategic importance (Andaman and Nicobar, Lakshadweep) and special treatment of backward or tribal people (earlier, Mizoram and Arunachal). Delhi, Puducherry and J&K have Rajya Sabha seats.
UTPoint
DelhiNCT (69th Amdt, 1991); ministers capped at 10%; GNCTD Amendment Acts 2021 and 2023; services case (May 2023)
PuducherryGovernment of UTs Act, 1963; up to 3 nominated MLAs; under Madras HC
Andaman & NicobarLieutenant Governor; capital renamed Sri Vijaya Puram (2024); under Calcutta HC
LakshadweepHeadquarters Kavaratti; under Kerala HC
LadakhLargest UT by area; Hill Councils at Leh and Kargil
DNH & DDMerged 26 January 2020; headquarters Daman
Remember it8 UTs, 3 Assemblies (Delhi, Puducherry, J&K). Delhi keeps police, public order, land with the Centre. Article 240 regulations: the four without Assemblies on islands and coasts (A&N, Lakshadweep, DNH&DD) plus Puducherry when suspended.
Beyond the basics · ranker’s edge
PointDepth
Delhi casesNCT of Delhi v. Union (2018): LG bound by aid and advice except on reserved subjects; no independent decision-making. Services judgment (May 2023), then the GNCTD (Amendment) Act, 2023 creating the National Capital Civil Services Authority
J&K Assembly90 elected seats after the 2022 delimitation; LG may nominate up to 5 (2 Kashmiri migrants incl. a woman, 1 displaced from PoJK, 2 women). Elections held September–October 2024
LadakhNo legislature; Hill Councils at Leh and Kargil. 2025 regulations: domicile rules for jobs, 85% reservation (excluding EWS), one-third seats for women in Hill Councils, Bhoti and Purgi among official languages. Demands for Sixth Schedule and statehood continue
J&K statehoodPromised in the Article 370 judgment but not yet restored; the J&K Assembly passed a resolution seeking statehood in September 2026
OthersChandigarh’s Administrator is the Punjab Governor.
In depth: the story behind it and how UPSC asks it

The story behind it: who governs Delhi

The 69th Amendment (1991), following the Balakrishnan Committee, gave Delhi an elected Assembly but kept it a Union Territory. In GNCTD v Union of India (2018) a Constitution Bench held that the Lieutenant Governor is bound by the advice of the Council of Ministers outside the three reserved subjects, and the “any matter” proviso is for exceptional cases, not every decision. In May 2023 another Constitution Bench held that Delhi’s government controls the civil services, except those linked to the reserved subjects. Within days the Union issued an Ordinance, later replaced by the GNCTD (Amendment) Act, 2023, which placed service matters under a National Capital Civil Service Authority where the Lieutenant Governor has the final word.

Jammu and Kashmir has been a Union Territory with a legislature since 31 October 2019. Its first Assembly elections were held in 2024. Dadra and Nagar Haveli and Daman and Diu were merged in January 2020, bringing the number of Union Territories to eight.

2. Scheduled Areas (Fifth Schedule)

The bare text
Bare text · Article 244Constitution of India, as on 1 May 2024

244. Administration of Scheduled Areas and Tribal Areas.—(1) The provisions of the Fifth Schedule shall apply to the administration and control of the Scheduled Areas and Scheduled Tribes in any State *** other than [the States of Assam, [, [Meghalaya, Tripura and Mizoram]]].

(2) The provisions of the Sixth Schedule shall apply to the administration of the tribal areas in [the States of Assam, [, [Meghalaya, Tripura and Mizoram]]].

Amended by: 49th (1984) Amendment
Bare text · Fifth Schedule, paragraph 3Constitution of India, as on 1 May 2024

3. Report by the Governor *** to the President regarding the administration of Scheduled Areas.—The Governor *** of each State having Scheduled Areas therein shall annually, or whenever so required by the President, make a report to the President regarding the administration of the Scheduled Areas in that State and the executive power of the Union shall extend to the giving of directions to the State as to the administration of the said areas.

Bare text · Fifth Schedule, paragraph 4Constitution of India, as on 1 May 2024

4. Tribes Advisory Council.—(1) There shall be established in each State having Scheduled Areas therein and, if the President so directs, also in any State having Scheduled Tribes but not Scheduled Areas therein, a Tribes Advisory Council consisting of not more than twenty members of whom, as nearly as may be, three-fourths shall be the representatives of the Scheduled Tribes in the Legislative Assembly of the State:

(2) It shall be the duty of the Tribes Advisory Council to advise on such matters pertaining to the welfare and advancement of the Scheduled Tribes in the State as may be referred to them by the Governor ***.

Bare text · Fifth Schedule, paragraph 5Constitution of India, as on 1 May 2024

5. Law applicable to Scheduled Areas.—(1) Notwithstanding anything in this Constitution, the Governor *** may by public notification direct that any particular Act of Parliament or of the Legislature of the State shall not apply to a Scheduled Area or any part thereof in the State or shall apply to a Scheduled Area or any part thereof in the State subject to such exceptions and modifications as he may specify in the notification and any direction given under this sub-paragraph may be given so as to have retrospective effect.

(2) The Governor may make regulations for the peace and good government of any area in a State which is for the time being a Scheduled Area. In particular and without prejudice to the generality of the foregoing power, such regulations may—

(a) prohibit or restrict the transfer of land by or among members of the Scheduled Tribes in such area;

(b) regulate the allotment of land to members of the Scheduled Tribes in such area;

(c) regulate the carrying on of business as money-lender by persons who lend money to members of the Scheduled Tribes in such area.

(3) In making any such regulation as is referred to in sub-paragraph (2) of this paragraph, the Governor *** may repeal or amend any Act of Parliament or of the Legislature of the State or any existing law which is for the time being applicable to the area in question.

(4) All regulations made under this paragraph shall be submitted forthwith to the President and, until assented to by him, shall have no effect.

(5) No regulation shall be made under this paragraph unless the Governor *** making the regulation has, in the case where there is a Tribes Advisory Council for the State, consulted such Council.

Bare text · Fifth Schedule, paragraph 6Constitution of India, as on 1 May 2024

6. Scheduled Areas.—(1) In this Constitution, the expression “Scheduled Areas” means such areas as the President may by order declare to be Scheduled Areas.

Clauses not relevant here are left out.

Reading the text: a Governor with legislative power

  • The President declares Scheduled Areas by order (paragraph 6); the State government does not (UPSC 2023). Ten States have Scheduled Areas today.
  • The State’s executive power still extends to these areas (paragraph 2). A Scheduled Area does not leave the State. But the Union can give directions to the State about how they are run (paragraph 3). That Union direction power is a key difference from ordinary areas (UPSC 2025).
  • Paragraph 5(1) is unusual. The Governor alone can direct that an Act of Parliament or of the State “shall not apply” to a Scheduled Area, or apply with changes, even with retrospective effect. No other Governor has a power like this over Acts of Parliament.
  • Paragraph 5(2) lets the Governor make regulations, which can even “repeal or amend any Act of Parliament”, for three named purposes: land transfer among tribals, allotment of land and money-lending. Two checks: the Tribes Advisory Council must be consulted, and the President must assent.
  • Tribes Advisory Council: up to 20 members, about three-fourths from the ST members of the State Assembly. The President can order one even in a State with Scheduled Tribes but no Scheduled Areas.
The idea in brief

Many tribal communities live in central and western India. To protect their land and culture, the President can declare their regions as Scheduled Areas under the Fifth Schedule. Ten States have them (like Jharkhand, Odisha, Chhattisgarh, Madhya Pradesh).

Exam notes
DeclarationBy the President by order; the President can also increase, decrease or rescind them (PYQ 2023). The largest unit is the district; the smallest a cluster of villages in a block
Executive powerThe State’s executive power continues; the Union can give directions. A local body does not take over (PYQ 2025)
GovernorSends an annual report to the President (not the CM to the Home Ministry) (PYQ 2023). Can direct that a law shall not apply or shall apply with changes, and can make regulations to prohibit or restrict transfer of land by or among tribals and regulate money-lending (PYQ 2022)
Tribes Advisory CouncilUp to 20 members, three-fourths of them ST MLAs; compulsory in States with Scheduled Areas
Samatha (1997)Transfer of tribal land in Scheduled Areas to private parties for mining is null and void under the Fifth Schedule (PYQ 2019)
In detail: Ten States have Scheduled Areas: Andhra Pradesh, Telangana, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan. The Fifth and Sixth Schedules both exist to protect the interests of Scheduled Tribes (PYQ 2008, 2015).
Remember itFifth = 5 letters: “Guard”: the Governor guards (applies or bars laws, land-transfer regulations), reports to the President. Declared by the President; 10 States; TAC of up to 20, three-fourths ST MLAs.
Beyond the basics · ranker’s edge
PointDepth
Para 4Tribes Advisory Council also in a State without Scheduled Areas if the President directs (e.g., Tamil Nadu, West Bengal)
Para 5Governor’s power to apply or modify laws, and to make regulations (land transfer, money-lending) after consulting the TAC; regulations need the President’s assent
ReportsBhuria Commission (2002–04) under Article 339; Xaxa Committee (2014) on tribal health, education, displacement
In depth: the story behind it and how UPSC asks it

The story behind it

The idea goes back to the British “excluded” and “partially excluded” areas of the 1935 Act. The Constituent Assembly’s sub-committees under Gopinath Bordoloi (North-East) and A.V. Thakkar (other areas) chose two models: protection with State control in central India (Fifth Schedule), and wide self-government in the North-East (Sixth Schedule).

The best-known case is Samatha v State of Andhra Pradesh (1997). The Supreme Court held that leasing tribal land in Scheduled Areas to private, non-tribal mining companies broke the Fifth Schedule and the State’s land-transfer regulation, and was void (UPSC 2019). In Niyamgiri (Orissa Mining Corporation, 2013) the Court held that the Gram Sabhas of the Dongria Kondh must decide whether bauxite mining could affect their religious and cultural rights; all twelve Gram Sabhas rejected the project.

How UPSC asks it

  1. UPSC 2025 With reference to the Constitution of India, if an area in a State is declared as Scheduled Area under the Fifth Schedule: 1. the State Government loses its executive power in such areas and a local body assumes total administration. 2. the Union Government can take over the total administration of such areas under certain circumstances on the recommendations of the Governor.
    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Show answer(d) Neither 1 nor 2. State executive power continues, with the Union able to give directions. There is no provision for the Union to take over total administration.
  2. UPSC 2023 With reference to 'Scheduled Areas' in India, consider the following statements:
    1. Within a State, the notification of an area as Scheduled Area takes place through an Order of the President.
    2. The largest administrative unit forming the Scheduled Area is the District and the lowest is the cluster of villages in the Block.
    3. The Chief Ministers of concerned States are required to submit annual reports to the Union Home Ministry on the administration of Scheduled Areas in the States.
    How many of the above statements are correct?
    1. Only one
    2. Only two
    3. All three
    4. None
    Show answer(b) Only two. The Governor, not the CM, reports annually to the President. 1 and 2 are correct.
  3. UPSC 2022 If a particular area is brought under the Fifth Schedule of the Constitution of India, which one of the following statements best reflects the consequence of it?
    1. This would prevent the transfer of land of tribal people to non-tribal people.
    2. This would create a local self-governing body in that area.
    3. This would convert that area into the Union Territory.
    4. The State having such areas would be declared a Special Category State.
    Show answer(a) This would prevent the transfer of land of tribal people to non-tribal people. The Governor can make regulations to prohibit or restrict transfer of tribal land.
  4. UPSC 2019 Under which Schedule of the Constitution of India can the transfer of tribal land to private parties for mining be declared null and void?
    1. Third Schedule
    2. Fifth Schedule
    3. Ninth Schedule
    4. Twelfth Schedule
    Show answer(b) Fifth Schedule. The Fifth Schedule (Samatha judgment, 1997).
  5. UPSC 2015 The provisions in the Fifth Schedule and Sixth Schedule in the Constitution of India are made in order to:
    1. protect the interests of Scheduled Tribes
    2. determine the boundaries between States
    3. determine the powers, authority and responsibilities of Panchayats
    4. protect the interests of all the border States
    Show answer(a) protect the interests of Scheduled Tribes. Both deal with administration of tribal areas.
  6. UPSC 2008 Which Schedule of the Constitution of India contains special provisions for the administration and control of Scheduled Areas in several States?
    1. Third
    2. Fifth
    3. Seventh
    4. Ninth
    Show answer(b) Fifth. Fifth Schedule.

3. Tribal areas (Sixth Schedule)

The bare text
Bare text · Sixth Schedule, paragraph 1Constitution of India, as on 1 May 2024

1. Autonomous districts and autonomous regions.—(1) Subject to the provisions of this paragraph, the tribal areas in each item of [[Parts I, II and IIA] and in Part III] of the table appended to paragraph 20 of this Schedule shall be an autonomous district.

(2) If there are different Scheduled Tribes in an autonomous district, the Governor may, by public notification, divide the area or areas inhabited by them into autonomous regions.

(3) The Governor may, by public notification,—

(a) include any area in [any of the Parts] of the said table;

(b) exclude any area from [any of the Parts] of the said table;

(c) create a new autonomous district;

(d) increase the area of any autonomous district;

(e) diminish the area of any autonomous district;

Bare text · Sixth Schedule, paragraph 2Constitution of India, as on 1 May 2024

2. Constitution of District Councils and Regional Councils.—[(1) There shall be a District Council for each autonomous district consisting of not more than thirty members, of whom not more than four persons shall be nominated by the Governor and the rest shall be elected on the basis of adult suffrage.]

(2) There shall be a separate Regional Council for each area constituted an autonomous region under sub-paragraph (2) of paragraph 1 of this Schedule.

Reading the text

  • Only four States: Assam, Meghalaya, Tripura and Mizoram (Article 244(2)). Manipur’s hill districts, Nagaland and Arunachal Pradesh are not under the Sixth Schedule.
  • District and regional councils. Each autonomous district has a District Council; if it has different tribes, the Governor can split it into autonomous regions, each with its own Regional Council.
  • 30 members, up to 4 nominated, the rest elected by adult suffrage. The Bodoland Territorial Council is the exception, with 46 members, by a 2003 amendment that applies only to Assam.
  • Councils make laws, unlike any panchayat. Under other paragraphs, they can legislate on land, forests (other than reserved forests), shifting cultivation, inheritance, marriage and social customs, run their own village and district courts, and collect certain taxes.
The idea in brief

Tribal areas of four north-eastern States (Assam, Meghalaya, Tripura, Mizoram) get more self-rule under the Sixth Schedule. They have Autonomous District Councils that can make laws on land, forests, marriage and customs.

Exam notes
StatesAssam, Meghalaya, Tripura, Mizoram (four States)
Autonomous districtsEach has an Autonomous District Council of up to 30 members (26 elected, 4 nominated by the Governor), five-year term. Ten councils in all
PowersMake laws on land, forests, canal water, shifting cultivation, village administration, inheritance, marriage, social customs (need the Governor’s assent); village courts; collect land revenue and some taxes
GovernorCan create, reorganise or change the boundaries of autonomous districts; Acts of Parliament or the State apply only as the Governor (or President, in some cases) directs
Prelims trap: Sixth Schedule areas get autonomous councils; Fifth Schedule areas do not. PESA, 1996 applies to Fifth Schedule areas, not Sixth.
Autonomous District Councils10 in all: Assam 3, Meghalaya 3, Tripura 1, Mizoram 3; up to 30 members (26 elected, 4 nominated)
Acts of ParliamentIn Assam the Governor, and in Meghalaya, Tripura, Mizoram the President, can exclude or modify them
Article 244AAutonomous State within Assam (22nd Amdt, 1969); Meghalaya 1970
Remember it“ATMM” = Assam, Tripura, Meghalaya, Mizoram. 10 councils, 30 members (26 + 4), BTC 46. Sixth = self-rule councils; PESA belongs to the Fifth, not the Sixth.
Beyond the basics · ranker’s edge
PointDepth
The 10 councilsAssam: Bodoland Territorial Council, Karbi Anglong, Dima Hasao. Meghalaya: Khasi, Jaintia, Garo Hills. Tripura: TTAADC. Mizoram: Chakma, Lai, Mara
BTC exceptionBodoland Territorial Council has 46 members (exception to the 30 cap)
125th Amendment Bill (2019)Proposes more powers and finance for Sixth Schedule councils and village councils; pending
In depth: the story behind it and how UPSC asks it

The story behind it

The Bordoloi sub-committee saw that the hill tribes of Assam had their own working institutions and feared being governed by the plains. The Sixth Schedule gave them a protected form of self-rule inside the State. There are ten autonomous district councils today: three in Assam, three in Meghalaya, three in Mizoram and one in Tripura.

The councils’ main complaint is money: they depend on State grants. The 125th Constitution Amendment Bill (2019), to give them more funds and powers, has not been passed. In Ladakh, protests since 2023 have demanded inclusion in the Sixth Schedule and statehood. UPSC 2015 asked the purpose of both Schedules: protecting the interests of the Scheduled Tribes.

How UPSC asks it

  1. UPSC 2026 Consider the following statements about the provisions pertaining to the Scheduled Castes and the Scheduled Tribes in India:
    1. Provisions regarding the administration of the Tribal Areas in the States of Assam, Meghalaya, Tripura and Mizoram are given in the Fifth Schedule of the Constitution of India.
    2. Some tribes of India are entitled to exemption from paying Income Tax on certain incomes.
    3. The Constitution of India provides for reservation of seats in Panchayats for women belonging to the Scheduled Castes and the Scheduled Tribes.
    Which one of the following conclusions based on the above statements is correct?
    1. There are two correct statements, that include statement 2.
    2. There are two correct statements, that are statements 1 and 3.
    3. There is only one correct statement.
    4. All three statements are correct.
    Show answer(a) There are two correct statements, that include statement 2. Statement 1 is wrong: these four States are covered by the Sixth Schedule. Statement 2 is right: Section 10(26) of the Income Tax Act exempts ST members living in specified north-eastern areas. Statement 3 is right: Article 243D(3) reserves at least one-third of SC/ST seats for SC/ST women. So two correct statements including statement 2.

4. Special provisions for some States (Articles 371 to 371J)

The bare text
Bare text · Article 371AConstitution of India, as on 1 May 2024

[371A. Special provision with respect to the State of Nagaland.—(1) Notwithstanding anything in this Constitution,—

(a) no Act of Parliament in respect of—

(i) religious or social practices of the Nagas;

(ii) Naga customary law and procedure;

(iii) administration of civil and criminal justice involving decisions according to Naga customary law;

(iv) ownership and transfer of land and its resources, shall apply to the State of Nagaland unless the Legislative Assembly of Nagaland by a resolution so decides;

(b) the Governor of Nagaland shall have special responsibility with respect to law and order in the State of Nagaland for so long as in his opinion internal disturbances occurring in the Naga Hills-Tuensang Area immediately before the formation of that State continue therein or in any part thereof and in the discharge of his functions in relation thereto the Governor shall, after consulting the Council of Ministers, exercise his individual judgment as to the action to be taken:

Clauses not relevant here are left out.
Amended by: 13th (1962) Amendment
Bare text · Article 371FConstitution of India, as on 1 May 2024

[371F. Special provisions with respect to the State of Sikkim.— Notwithstanding anything in this Constitution,—

(g) the Governor of Sikkim shall have special responsibility for peace and for an equitable arrangement for ensuring the social and economic advancement of different sections of the population of Sikkim and in the discharge of his special responsibility under this clause, the Governor of Sikkim shall, subject to such directions as the President may, from time to time, deem fit to issue, act in his discretion;

Clauses not relevant here are left out.
Amended by: 36th (1975), 42nd (1976) Amendments
Bare text · Article 371JConstitution of India, as on 1 May 2024

[371J. Special provisions with respect to State of Karnataka.—

(1) The President may, by order made with respect to the State of Karnataka, provide for any special responsibility of the Governor for—

(a) establishment of a separate development board for Hyderabad- Karnataka region with the provision that a report on the working of the board will be placed each year before the State Legislative Assembly;

Clauses not relevant here are left out.
Amended by: 98th (2012) Amendment

Reading the text

  • Article 371A turns the usual order around. On four subjects, Naga religious and social practice, customary law, justice under customary law, and land and its resources, an Act of Parliament does not apply to Nagaland unless the State Assembly chooses to accept it. Article 371G gives Mizoram the same shield.
  • “Land and its resources” is why Nagaland claims ownership of oil and minerals under its soil, a long-running dispute with the Union.
  • “Individual judgment” (371A) and “act in his discretion” (371F(g)) are among the few places where the Constitution expressly frees a Governor from ministerial advice. See Chapter 15.
  • Article 371J, added by the 98th Amendment (2012), gives the Hyderabad-Karnataka region (now called Kalyana-Karnataka) a development board and local reservation in jobs and education, on the model of Article 371 for Vidarbha and Marathwada.
The idea in brief

Some States have special provisions in Articles 371 to 371J because of their history or special needs. For example:

Exam notes
ArticleState
371Maharashtra and Gujarat (development boards)
371ANagaland: Acts of Parliament on Naga religious and social practices, customary law, land ownership apply only if the Assembly so decides
371B / 371CAssam (tribal-area committee) / Manipur (hill-area committee)
371D / 371EAndhra Pradesh and Telangana (equal opportunities in jobs and education) / Central university in Andhra Pradesh
371FSikkim
371GMizoram (like Nagaland)
371H / 371IArunachal Pradesh (Governor’s special law-and-order responsibility) / Goa
371JKarnataka: Hyderabad-Karnataka region (98th Amendment, 2012)
In detail: Articles 371A to 371I were inserted for Nagaland, Assam, Manipur, Andhra Pradesh, Sikkim, Mizoram, Arunachal Pradesh and Goa (PYQ 2005). Article 370 (J&K) was made inoperative in 2019; the Supreme Court upheld this in December 2023.
ArticleState (amendment)
371Maharashtra, Gujarat
371ANagaland (13th)
371BAssam (22nd)
371CManipur (27th)
371D, 371EAndhra Pradesh/Telangana (32nd)
371FSikkim (36th)
371GMizoram (53rd)
371HArunachal Pradesh (55th)
371IGoa (56th)
371JKalyana (Hyderabad) Karnataka (98th, 2012)
Remember itOrder of letters follows time: A Nagaland (13th) → B Assam → C Manipur → D/E Andhra → F Sikkim → G Mizoram → H Arunachal → I Goa → J Karnataka (98th, 2012). Law-and-order Governors: Nagaland (371A) and Arunachal (371H).
Beyond the basics · ranker’s edge
ArticleDepth
371AAlso gives the Governor special responsibility for law and order; separate provisions for Tuensang district
371DPresidential order on local cadres and admissions; an Administrative Tribunal for the State
371HArunachal Governor’s special responsibility for law and order
371JSeparate development board, equitable funds, local reservation in education and jobs for the Kalyana-Karnataka region
Prelims trap: 371 (Maharashtra, Gujarat) is the original; 371A–371I came 1962–1987; 371J in 2012. (PYQ 2005)
In depth: the story behind it and how UPSC asks it

The story behind it

Each of Articles 371 to 371J records a political settlement. Article 371A came with the creation of Nagaland (13th Amendment, 1962) after the 1960 agreement with the Naga People’s Convention. Article 371F came with Sikkim joining India as a State (36th Amendment, 1975). Article 371G followed the 1986 Mizo Accord. Articles 371D and 371E followed the Andhra agitations of the early 1970s. The provisions differ widely: some protect customary law and land, others are only about development boards and local quotas.

5. Scheduled Tribes and forest rights

The bare text
Bare text · Article 342Constitution of India, as on 1 May 2024

342. Scheduled Tribes.—(1) The President [may with respect to any State [or Union territory], and where it is a State ***, after consultation with the Governor *** thereof], by public notification6,5 specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purposes of this Constitution be deemed to be Scheduled Tribes in relation to that State [or Union territory, as the case may be.]

(2) Parliament may by law include in or exclude from the list of Scheduled Tribes specified in a notification issued under clause (1) any tribe or tribal community or part of or group within any tribe or tribal community, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.

Amended by: 1st (1951) Amendment
Bare text · Article 338AConstitution of India, as on 1 May 2024

[338A. National Commission for Scheduled Tribes.—(1) There shall be a Commission for the Scheduled Tribes to be known as the National Commission for the Scheduled Tribes.

(2) Subject to the provisions of any law made in this behalf by Parliament, the Commission shall consist of a Chairperson, Vice-Chairperson and three other Members and the conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other Members so appointed shall be such as the President may by rule determine.

(3) The Chairperson, Vice-Chairperson and other Members of the Commission shall be appointed by the President by warrant under his hand and seal.

Clauses not relevant here are left out.
Amended by: 89th (2003) Amendment
Bare text · Article 46Constitution of India, as on 1 May 2024

46. Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections.—The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.

Reading the text

  • Who decides who is a Scheduled Tribe? The President notifies the first list for each State, after consulting the Governor (Article 342(1)). After that, only Parliament can add or remove a tribe, by law (342(2)); the President cannot change the list by a new notification. The Governor neither recognises nor declares a tribe (UPSC 2024).
  • The Constitution does not define a tribe. Article 366(25) only says Scheduled Tribes are those so specified under Article 342. The working criteria used by the government, such as primitive traits, distinct culture, geographical isolation, shyness of contact and backwardness, come from the Lokur Committee (1965), not the text.
  • NCST under Article 338A was separated from the joint SC/ST commission by the 89th Amendment (2003), with a Chairperson, Vice-Chairperson and three members.
The idea in brief

Scheduled Tribes (STs) are communities listed by the President for each State (Article 342). Only Parliament can add or remove a community from the list.

Exam notes
Who is an ST (Art 342)The President specifies tribes for each State by public notification after consulting the Governor; only Parliament can change the list. A tribe that is ST in one State need not be ST in another (PYQ 2024)
PVTGs75 Particularly Vulnerable Tribal Groups in 18 States and one UT (Andaman and Nicobar). Criteria: pre-agricultural technology, low literacy, economic backwardness, stagnant or declining population. Irular and Konda Reddi are PVTGs (PYQ 2019). PM-JANMAN (2023) targets them
Forest Rights Act, 2006Recognises individual and community forest rights of STs and other traditional forest dwellers; the Gram Sabha starts the process of determining rights (PYQ 2013)
Reserved Lok Sabha seatsMadhya Pradesh has the most ST-reserved seats (PYQ 2000)
Income taxSection 10(26): ST members in specified north-eastern areas exempt (PYQ 2026)
CommissionsDhebar (1960) and Bhuria (2002) under Article 339; Xaxa Committee (2014)
Ministry of Tribal AffairsSet up in 1999; nodal for the Forest Rights Act, 2006
Remember it342 = President lists, Parliament changes. 75 PVTGs, Odisha most (13). FRA: 4 hectares, 3 generations = 75 years, Gram Sabha starts the process.
Beyond the basics · ranker’s edge
PointDepth
Lokur criteria (1965)Primitive traits, distinctive culture, geographical isolation, shyness of contact, backwardness
Recent ST additionsHattee (Trans-Giri, Himachal; Act of 2023); Paharis and three other communities in J&K (2024)
PVTGsCategory from the Dhebar Commission (1960–61); Odisha has the most (13). PM-JANMAN (November 2023); Dharti Aaba Janjatiya Gram Utkarsh Abhiyan (2024). Janjatiya Gaurav Divas: 15 November
FRA fine printIndividual rights up to 4 hectares; other traditional forest dwellers must show 3 generations (75 years) of dependence; community forest resource rights
Prelims trap: ST status is State-specific. (PYQ 2024) Section 10(26) income tax exemption for STs in specified NE areas. (PYQ 2026)
In depth: the story behind it and how UPSC asks it

The story behind it: forest rights

Colonial forest laws had treated forest-dwellers as encroachers on land their families had lived on for generations. The Forest Rights Act, 2006 was Parliament’s attempt to correct this “historical injustice”, a phrase from the Act’s own preamble. It recognises individual rights to land in occupation and community rights over forest resources, and the Gram Sabha starts the process of deciding claims (UPSC 2013). The Ministry of Tribal Affairs is the nodal ministry (UPSC 2021).

Particularly Vulnerable Tribal Groups (PVTGs) are an administrative category, not a constitutional one. There are 75, in 18 States and one Union Territory, Andaman and Nicobar Islands (UPSC 2019). The PM-JANMAN mission (2023) targets them.

How UPSC asks it

  1. UPSC 2024 Consider the following statements:
    1. It is the Governor of the State who recognises and declares any community of that State as a Scheduled Tribe.
    2. A community declared as a Scheduled Tribe in a State need not be so in another State.
    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Show answer(b) 2 only. The President declares STs (Article 342), State by State.
  2. UPSC 2021 At the national level, which ministry is the nodal agency to ensure effective implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006?
    1. Ministry of Environment, Forest and Climate Change
    2. Ministry of Panchayati Raj
    3. Ministry of Rural Development
    4. Ministry of Tribal Affairs
    Show answer(d) Ministry of Tribal Affairs. The Ministry of Tribal Affairs is the nodal ministry for the Forest Rights Act, even though it deals with forests.
  3. UPSC 2019 Consider the following statements about Particularly Vulnerable Tribal Groups (PVTGs) in India:
    1. PVTGs reside in 18 States and one Union Territory.
    2. A stagnant or declining population is one of the criteria for determining PVTG status.
    3. There are 95 PVTGs officially notified in the country so far.
    4. Irular and Konda Reddi tribes are included in the list of PVTGs.
    1. 1, 2 and 3
    2. 2, 3 and 4
    3. 1, 2 and 4
    4. 1, 3 and 4
    Show answer(c) 1, 2 and 4. There are 75 PVTGs, not 95.
  4. UPSC 2013 Under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, who shall be the authority to initiate the process for determining the nature and extent of individual or community forest rights or both?
    1. State Forest Department
    2. District Collector/Deputy Commissioner
    3. Tahsildar/Block Development Officer/Mandal Revenue Officer
    4. Gram Sabha
    Show answer(d) Gram Sabha. Section 6(1): the Gram Sabha.
  5. UPSC 2000 The State which has the largest number of seats reserved for the Scheduled Tribes in the Lok Sabha is:
    1. Bihar
    2. Gujarat
    3. Uttar Pradesh
    4. Madhya Pradesh
    Show answer(d) Madhya Pradesh. Madhya Pradesh.

6. Quick revision and traps

Exam notes
239–241Union Territories; 239AA Delhi, 239A Puducherry
Fifth vs SixthFifth: Scheduled Areas in 10 States, Governor’s regulations. Sixth: four NE States, autonomous councils
342President notifies STs; Parliament changes the list
75 PVTGs18 States + Andaman and Nicobar
Remember itFifth vs Sixth in one line: Fifth = Governor protects (10 States); Sixth = tribes govern themselves (4 NE States).
Beyond the basics · ranker’s edge
PYQ patternHow to prepare
Fifth vs Sixth ScheduleAsked 2008, 2015, 2019, 2022, 2023, 2025, 2026
371 seriesArticle–State matching
UT governanceDelhi cases and J&K/Ladakh after 2019