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.
