No provision of UCC will be imposed on tribals, says Amit Shah asks communities not to fall for ‘conspiracies’
Senior Union government leaders, including the Home Minister, publicly stated that no provision of the Uniform Civil Code will be imposed on Scheduled Tribes...
What Happened
- Senior Union government leaders, including the Home Minister, publicly stated that no provision of the Uniform Civil Code will be imposed on Scheduled Tribes, asking tribal communities not to be misled by political opposition narratives.
- The assurance came in the context of Assam tabling its UCC Bill (May 2026) and ongoing debates following Uttarakhand's UCC Act, 2024 — both of which explicitly exempt Scheduled Tribes.
- Tribal bodies across states had raised concerns that UCC would undermine customary law rights, inheritance practices, and community-based governance structures.
- The government clarified that wherever state UCC legislation has been enacted, Scheduled Tribe communities remain entirely outside its purview — both in Fifth Schedule mainland tribal areas and Sixth Schedule northeastern autonomous districts.
- Opposition parties alleged the UCC is a politically motivated instrument that erodes minority and tribal cultural rights without adequate stakeholder consultation.
Static Topic Bridges
Fifth Schedule of the Indian Constitution
The Fifth Schedule (under Article 244(1)) governs the administration and control of Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram. It applies to tribal regions in Andhra Pradesh, Telangana, Chhattisgarh, Jharkhand, Himachal Pradesh, Madhya Pradesh, Maharashtra, Odisha, and Rajasthan. The Governor of each state with Scheduled Areas has special powers to make regulations (including adapting or excluding central laws) and is advised by a Tribes Advisory Council.
- Article 244(1): Applies the Fifth Schedule to Scheduled Areas and Scheduled Tribes in covered states.
- The President declares areas as "Scheduled Areas" under Para 6 of the Fifth Schedule.
- Governors can direct that any Act of Parliament/state legislature shall not apply to Scheduled Areas, or shall apply with modifications (Para 5(1)).
- Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA): Extends gram sabha powers to Fifth Schedule areas; recognises customary law and traditional practices.
Connection to this news: Fifth Schedule protections — particularly the Governor's power to exclude central laws — underpin the constitutional rationale for excluding tribal communities from UCC applicability in mainland tribal states.
Sixth Schedule of the Indian Constitution
The Sixth Schedule (under Articles 244(2) and 275(1)) applies to tribal areas in Assam, Meghalaya, Tripura, and Mizoram. It establishes Autonomous District Councils (ADCs) and Autonomous Regional Councils with legislative, executive, and judicial powers over specified subjects, including management of land, forests, use of waterways, regulation of shifting cultivation, and administration of customary law. In Assam, the Sixth Schedule governs Bodoland Territorial Council (BTC), Karbi Anglong Autonomous Council (KAAC), and Dima Hasao Autonomous District Council (DHADC).
- Article 244(2): Sixth Schedule applies to four northeastern states.
- Sixth Schedule, Para 1: Creates autonomous districts with power to make laws on land allocation, management of forests, use of water courses, regulation of money-lending and trading by non-tribals, and social customs.
- Para 3: ADCs can constitute courts to try cases involving members of Scheduled Tribes based on customary law.
- ADC laws require assent from the Governor (or President, in some cases) to be valid.
Connection to this news: Assam's UCC Bill explicitly preserves Sixth Schedule autonomy — the BTC, KAAC, and DHADC areas are exempt, meaning tribal communities under these councils continue to govern personal and customary matters through their own legislative frameworks.
Distinction Between Fifth and Sixth Schedules
| Feature | Fifth Schedule | Sixth Schedule |
|---|---|---|
| Constitutional Provision | Article 244(1) | Article 244(2) |
| Coverage | 9 states (mainland) | Assam, Meghalaya, Tripura, Mizoram |
| Governance Structure | Tribes Advisory Council (advisory) | Autonomous District/Regional Councils (legislative power) |
| Power to Exclude Laws | Governor can exclude/modify Acts | ADCs have direct legislative power on listed subjects |
| Customary Law | Recognised; PESA 1996 reinforces | ADC courts adjudicate under customary law |
- Fifth Schedule areas are "Scheduled Areas"; Sixth Schedule areas are "Autonomous Districts/Regions."
- The Sixth Schedule grants stronger self-governance than the Fifth Schedule — ADCs can enact laws (subject to Governor/President assent), whereas Fifth Schedule protection is largely executive (Governor's discretion).
Connection to this news: The stronger legislative autonomy of Sixth Schedule ADCs in Assam makes the tribal exemption from UCC legally robust; any attempt to apply UCC to Sixth Schedule areas would require amendment of the Schedule itself or ADC consent.
PESA Act, 1996 and Tribal Customary Rights
The Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA) extended the 73rd Constitutional Amendment (Panchayati Raj institutions) to Fifth Schedule areas with modifications that preserve tribal autonomy. Under PESA, gram sabhas have the power to manage natural resources, resolve disputes in accordance with customary law, and approve development plans. PESA explicitly mandates that state legislation shall be in consonance with customary law, social and religious practices, and traditional management practices of community resources.
- PESA, 1996: Section 4(d) — state legislations on panchayats in Scheduled Areas shall be in consonance with customary law.
- Section 4(e) — gram sabha competent to safeguard and preserve traditions and customs of the people.
- 73rd Constitutional Amendment (1992): Added Part IX (Articles 243–243O) — Panchayati Raj. PESA extends this to Fifth Schedule areas with tribal-protective modifications.
Connection to this news: PESA provides a further statutory layer justifying the exclusion of tribal communities from the UCC's uniform marriage, inheritance, and registration requirements — their customary practices are specifically protected under this law.
Key Facts & Data
- Fifth Schedule: covers tribal areas in 9 states; Article 244(1); Tribes Advisory Council is advisory body.
- Sixth Schedule: covers Assam (BTC, KAAC, DHADC), Meghalaya (Khasi Hills, Jaintia Hills, Garo Hills ADCs), Tripura Tribal Areas ADC, Mizoram (Chakma, Mara, Lai ADCs); Article 244(2).
- Uttarakhand UCC Act, 2024: Section 2 explicitly excludes Scheduled Tribe members; in force January 27, 2025.
- PESA Act, 1996: Extends Part IX to Fifth Schedule areas; recognises customary law; enacted to implement 73rd Amendment in tribal areas.
- Assam Scheduled Tribe exemption: Both Hill STs (Sixth Schedule areas) and Plains STs are exempt from the 2026 UCC Bill.
- Supreme Court observations on UCC: In Sarla Mudgal v. Union of India (1995) 3 SCC 635 and John Vallamattom v. Union of India (2003) 6 SCC 611, the Court urged Parliament to enact a UCC — both judgments noted the tension between personal law diversity and constitutional equality norms.
- Law Commission of India: 21st Law Commission (2018) submitted a consultation paper concluding that a UCC is "neither necessary nor desirable at this stage"; 22nd Law Commission (2023) reopened public consultation.