Sixth Schedule

The Sixth Schedule of the Indian Constitution establishes Autonomous District Councils (ADCs) for self-governance in the tribal areas of the North-East. While ADCs contribute to cultural preservation, challenges such as inclusivity, corruption, and concerns about autonomy and legislative powers persist. Striking a balance between preserving tribal identity and integrating with mainstream governance poses a complex challenge. Navigating these intricacies is important for effective self-governance, ensuring the unique needs of tribal communities are met. This involves addressing historical biases, fostering inclusivity, and refining governance structures to harmonize the diverse cultural landscape with broader governance objectives.

While the Constitution of India aims for uniform governance, specific regions are subject to unique provisions. During its framing, the Constitution acknowledged certain areas and communities with isolated and primitive lifestyles, necessitating special considerations for their interests and socio-economic development. Article 244 in Part X outlines a distinct administration system for areas marked as "Scheduled Areas" and "Tribal Areas." Article 244(1) applies the Fifth Schedule to Scheduled Areas and Tribes in states excluding Assam, Meghalaya, Tripura, and Mizoram. Conversely, Article 244(2) mandates separate administration under the Sixth Schedule for tribal-dominated areas in the North-Eastern states. These areas, defined as "Tribal Areas" distinct from "Scheduled Areas," are subject to special provisions outlined in the Fifth and Sixth Schedules of the Constitution, respectively.

The Constituent Assembly, recognizing the unique life and perspectives of tribals in the four North-Eastern states, acknowledged the need for a distinctive administrative framework for tribal areas. This recognition is enshrined in Article 244(2) of the Constitution, leading to the establishment of the Sixth Schedule. This schedule provides special provisions for the administration of Tribal Areas in the States of Assam, Meghalaya, Mizoram, and Tripura. The intent is to accommodate the specific needs, cultural identities, and self-governance aspirations of the tribal communities in these regions.

• The Sixth Schedule provides for the establishment of Autonomous District Councils and Regional Councils. These councils have legislative, executive, judicial, and financial powers.
• Power of Governor of State:
  • The Governor has the authority to determine administrative units, create new Autonomous Districts/Regions, or alter their territorial jurisdiction and names.
  • The Governor can appoint a commission to investigate and report on issues related to the management of autonomous districts or regions.
• Composition of ADCs:
  • Each Autonomous District has a District Council with a maximum of thirty members.
  • The Governor nominates four members, while the rest are elected through adult franchise. (The newly added Bodoland Territorial Council is an exception; it can have up to forty-six members)
• There are 10 such areas in 4 States presently as follows >
  • Bodoland Territorial Region - Assam
  • Karbi Anglong Autonomous Council - Assam
  • North Cachar Hills Autonomous Council - Assam
  • Garo Hills Autonomous District Council- Meghalaya
  • Khasi Hills Autonomous District Council- Meghalaya
  • Jaintia Hills Autonomous District Council - Meghalaya
  • Tripura Tribal Areas Autonomous District Council- Tripura
  • Chakma Autonomous District Council - Mizoram
  • Lai Autonomous District Council - Mizoram
  • Mara Autonomous District Council - Mizoram

• Legislative >
  • Councils can make rules regarding land, forest management, canal water use, shifting cultivation, inheritance, marriage, divorce, etc., with the Governor's assent.
  • Regulation of money lending and trading by non-tribals is possible with the Governor's assent
  • Acts of Parliament or State Legislature may not apply or apply with modifications and exceptions.
• Executive >
  • Councils can establish, construct, or manage various facilities such as schools, dispensaries, markets, roads, waterways etc
  • They can prescribe the language and manner of instruction in primary schools.
• Judicial Powers >
  • Councils can constitute Village and District Council Courts for trials where all parties belong to Scheduled Tribes.
  • The High Courts's jurisdiction over these suits and cases is specified by the Governor.
• Financial Powers >
  • Councils have the authority to assess and collect land revenue, impose taxes on professions, trades, animals, vehicles, entry of goods into the market, tolls, and taxes for the maintenance of essential services like maintenance of schools, dispensaries or roads within their respective jurisdiction
  • They can grant licenses or leases for mineral extraction within their jurisdiction.

• Cultural Preservation: By giving powers to regulate land use, forest management, and other environmental aspects, the Sixth Schedule contributes to the conservation of tribal culture and the sustainable use of natural resources
• Limited State Intervention: The fact that Autonomous District Councils exercise legislative, executive, and judicial powers reflects the principle of minimal state interference. This empowers local communities to govern themselves and make decisions that align with their unique requirements.
• Safeguards Demographic Integrity: The exclusion of the Autonomous District Councils from the Citizenship Amendment Act (CAA) prevents refugees from residing or settling in these areas.
• Conflict Resolution: The provision for Village and District Council Courts allows for the resolution of disputes within the tribal community, ensuring a more localized and culturally sensitive approach to justice.
• Flexibility and Adaptability: The Sixth Schedule provides flexibility by allowing Acts of Parliament or State Legislature to apply with modifications and exceptions. This recognizes the diverse needs of different tribal regions and allows for adaptive governance.
• Governor's Oversight: The role of the Governor in determining administrative units and overseeing the functioning of ADCs provides a balance between local autonomy and broader constitutional governance.
• Self-Governance: Empowered with significant authority, Autonomous District Councils facilitate local decision-making in governance, culture, and development within communities

• Inclusivity and Representation:
  • Ensuring the inclusion and representation of various segments within the tribal communities, including women and marginalized groups, is challenging due to historical biases and societal barriers.
  • Unlike the 73rd Amendment, the absence of reservations for women hampers inclusivity in council representation.
• Exclusivity Concerns:
  • Overemphasis on tribal exclusivity may hinder assimilation into the mainstream, affecting cultural diversity and integration.
• Tussle with State Government:
  • Frequent clashes between district councils and state government, as seen in Meghalaya, hinder effective governance.
• Corruption Concerns:
  • Instances like the recent conviction of 8 Chakma Council Members highlight corruption and illicit activities within the councils.
• Incomplete Transfer of Control:
  • Not all areas specified under the Sixth Schedule have been transferred to councils, creating legislative gaps.
• Reconstitution Delays:
  • Lack of a mandatory time limit for ADC reconstitution leads to indefinite election postponements, affecting democratic processes.
• Incomplete Legislative Powers:
  • Councils lack matching financial autonomy, limiting their ability to implement legislative decisions effectively.
• Anti-defection Law Exclusion:
  • Non-applicability of anti-defection laws has led to horse-trading and defections, undermining the stability of Autonomous District Councils.

The 125th Amendment Bill which was brought in 2019 to amend provisions related to the Sixth Schedule must be passed by the Parliament as soon as possible.

• Council Expansion: The Bill introduces Village and Municipal Councils, in addition to the District and Regional Councils
• Devolution Empowerment: The Bill grants the Governor authority to formulate rules facilitating the devolution of powers and responsibilities to Village and Municipal Councils.
• Financial Review Mechanism: The Bill establishes a State Finance Commission to assess the financial standing of District, Village, and Municipal Councils.
• Resource Allocation Recommendations: The Bill assigns the Central Finance Commission the task of recommending measures for augmenting the Consolidated Fund of a state for tribal areas in the four Sixth Schedule states.
• Elections to councils: The Bill directs the State Election Commission, appointed by the Governor, to conduct all elections for District Councils, Regional Councils, Village Councils, and Municipal Councils.
• Gender Representation The Bill mandates the reservation of at least one-third of seats for women in both Village and Municipal Councils.
• Disqualification of members of councils The Bill specifies that the Governor has the authority to establish rules for the disqualification of members based on the grounds of defection.

The Sixth Schedule, recognizing the unique needs of tribal communities, stands as a vital constitutional framework. While contributing to cultural preservation and self-governance, challenges like inclusivity and governance issues persist. The proposed 125th Amendment Bill presents a potential solution, aiming to enhance governance structures and empower local bodies further. It underscores the need for timely legislative action to address existing gaps, ensuring a more adaptive and inclusive governance model for tribal areas in the North-East.