Compare the Fift and the Sixth Schedules of Indian Constitution

 Q.2 Compare the Fift and the Sixth Schedules of Indian Constitution.


Indian Constitution, Fifth and Sixth Schedules were discussed and passed by Constituent Assembly between September 5-7, 1949. These days are remembered by tribal rights activists every year. The two schedules remain probably, the most enigmatic segments of the Constitution of India. Constitutional authorities, judiciary, bureaucrats, journalists and academia alike are ignorant about factual realities on these two schedules, as evident from passionate yet factually incorrect writings that keep appearing in dailies, magazines and journals.

Indian Constitution,  These two schedules provide for alternate or special governance mechanisms for certain 'scheduled areas' in mainland and certain 'tribal areas' in northeastern India. Normative legislative-executive and judicial authority for States and Union Territories in India are provided for in Parts 11-12 and Chapter 5 of Part 6 respectively.

Somewhat different mechanisms were provided for tribal zones in the Constitution due to their political significance, and these have changed a great deal over time. Ironically, when a deeper understanding (and empirical analysis) of these provisions is called for in view of existential crisis of tribes and ecological crisis for India, very little is understood or attempted to understand. Indian Constitution, Down To Earth is aware of this knowledge-gap, especially when there are deep linkages between ecological justice and tribal rights.

So, on the is 69th anniversary of passage of Fifth and Sixth Schedules, DTE brings first ever tabular comparison of these provisions, organised by the leading subject matter expert, B K Manish. Indian Constitution, The National Green Tribunal (NGT) on August 24, 2020, directed that off-site and on-site emergency plans must be finalised in accordance with the Manufacture, Storage and Import of Hazardous Chemical Rules, 1989. Indian Constitution, This must be jointly coordinated by the Central Pollution Control Board (CPCB) and the Tamil Nadu Pollution Control Board (TNPCB), with all concerned authorities and entities for storage and handling of the substances. Such action has to be concluded at the earliest, but positively within one month, the order said.

The NGT order was in response to the application filed in the court on the 700 tonnes of ammonium nitrate stored in a Chennai warehouse from 2015 onwards. A report filed by the TNPCB informed the tribunal that a total of 37 containers with 697 Tonnes of ammonium nitrate was sent to Salvo Explosives & Chemicals Pvt Ltd, Ankireddypali village, Keesara road, Keesara mandal, Medchal Malkajgiri, Telangana — which is a detonator manufacturing unit having license for ammonium nitrate. Sewage pollution

Indian Constitution, The NGT directed the Rajasthan State Pollution Control Board (RSPCB) on August 24 to take necessary steps in the matter of discharge of untreated sewage and industrial effluents on the agriculture lands at Nokha village in Bikaner district. The Municipal Board, Nokha was asked to take steps for connecting sewage generation points to the sewage treatment plant (STP) and utilise the treated effluent for non-potable and agricultural uses. A report filed by the RSPCB stated that the Municipal Board, Nokha had established STP having a capacity of one MLD. However, the treatment plant was not operational and the untreated effluent was by-passed. The STP was not having consent to establish or consent to operate from the RSPCB. On the basis of the inspection report and sample analysis reports, the SPCB had issued show cause notice dated February 28, 2020 to the executive officer, Municipal Board, Nokha.