TRIBAL AUTONOMY IN INDIA: CONSTITUTIONAL FRAMEWORK, LEGAL REALITIES AND GOVERNANCE CHALLENGES

AUTHOR – JOSEPHINE HNAIHLY* & DR.VIVEK KUMAR**

* LL.M, THE ICFAI UNIVERSITY, DEHRADUN

** ICFAI LAW SCHOOL, THE ICFAI UNIVERSITY, DEHRADUN

BEST CITATION – JOSEPHINE HNAIHLY & DR.VIVEK KUMAR, TRIBAL AUTONOMY IN INDIA: CONSTITUTIONAL FRAMEWORK, LEGAL REALITIES AND GOVERNANCE CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 105-119, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper aims to critically analyse the constitutional and legal regime of tribal self-governance in India by looking at the Fifth Schedule, Sixth Schedule and the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA). The paper examines whether these provisions provide for substantive self-governance and rights for tribals or just serve as symbolic ones.

The study employs the doctrinal research methodology, as it is based on constitutional provisions, statutory laws, judgments of the superior courts, and reports. Secondarily, academic literature is consulted to look into the historical and socio-political context of tribal autonomy.

The analysis of these provisions shows an inherent structural disconnect between the intent of the constitutional framers and the implementation processes, with the Sixth Schedule providing comparatively more autonomy to tribal areas through elected bodies, the Fifth Schedule remaining predominantly administrative and under state control and the PESA, though transformational in principle, failing to gain effectiveness due to the lack of robust enforcement mechanisms and the defiance of states. Supreme Court intervention on certain occasions has also become a vital means of strengthening tribal rights, but it does not guarantee any institutionalised mechanism to implement them on a day-to-day basis. The paper concludes by stating the need for structural reforms in the form of a strong form of local governance with tribal empowerment, development of structures for consent-based development such as the concept of the principle of Free, Informed and Prior Consent (FPIC) advocated by the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), and development of institutional capacity and awareness.

Key words: Tribal Self Governance, Fifth Schedule, Sixth Schedule, PESA 1996, Gram sabha, self-rule, Scheduled Tribes, UNDRIP.