- Afreen Afshar Alam
Ph.D Scholar, Indian Law Institute
Given the distinctive way of life and outlook of the tribals in the Northeast, the Constituent Assembly realised the need for a separate administrative structure for the region's tribals. As a result, the Sixth Schedule establishes specific provisions for the governance of tribal areas in the States of Meghalaya, Mizoram, Assam, and Tripura under Article 244(2) of the Constitution. The Sixth Schedule's most essential provision is that tribal regions will be handled as Autonomous Districts and Autonomous Regions. The Governor of the State is empowered under the Sixth Schedule to determine the area or regions as administrative subdivisions of the Autonomous Districts and Autonomous Regions.
Tribal areas in Assam, Meghalaya, Tripura, and Mizoram have been designated as autonomous districts. However, they do not bypass the relevant state's executive power. The Governor has the authority to establish and reorganise autonomous districts. As a result, he can expand or contract their regions, change their names, and define their limits, among other things. If an autonomous district contains many tribes, the governor may partition the district into numerous autonomous regions.
Given the Articles' political relevance, a different procedure is provided for tribal zones, which has evolved substantially over time. In other words, it creates unique arrangements for governance, types of local authorities, financial powers, alternate judicial systems, etc. With such provisions, it has been established that tribal regions must be handled rigorously as Autonomous Districts. This includes the formation of District and Regional Councils to exercise and carry out judicial and legislative powers. The Governor has the authority to establish a new Autonomous District/Region and change the territorial jurisdiction or name of any Autonomous District or Autonomous Region. The Autonomous Districts and Autonomous Regions in the four States are detailed in the Table affixed to Para 20 of the Sixth Schedule. Initially, it consisted of two parts A and B, but at present, there are ten such areas in four parts as listed below:
The North-Cachar Hills District (Dima Haolang)
The Karbi-Anglong District
The Bodoland Territorial Area District
The Khasi Hills District
The Jaintia Hills District
The Garo Hills District
The Tripura Tribal Areas District
The Chakma District
The Mara District
The Lai District
The Sixth Schedule provides for the establishment of Autonomous District Councils and Regional Councils with legislative, executive, judicial, and financial functions. The administrative authority and functions of the District Council and Regional Council vary by State. The Sixth Schedule has various administrative provisions for each State's District Councils and Regional Councils in Para 12, 12A, 12AA, and 12B for the states of Assam, Meghalaya, Tripura, and Mizoram. Each Autonomous District shall have a District Council that has thirty members, four of whom are chosen by the Governor, and the rest are chosen on the basis of adult franchise.
The Sixth Schedule granted them certain executive, legislative, and judicial powers, giving them the autonomy to make laws for their land, manage their forests, appoint traditional chiefs and headmen, inherit property, marry, social customs, taxation, and so on. The Sixth Schedule's primary goal and objective is to give tribal communities in the Northeast the ability to administer tribal territories. Articles 244(2) and 275(1) of the Indian Constitution apply in this case. Assam and Tripura are classified as tribal minority States, while Meghalaya and Mizoram are considered to have a large tribal population. Despite the limited involvement of State legislatures, Autonomous Districts, and regions manage the territory and population within Tribal Areas. Meghalaya, however, is the State where the President declared that all of its areas fall within the Sixth Scheduled Area.
The areas under their control are administered by the district and regional councils. They have the authority to make laws on specific topics such as land, forests, canal water, shifting cultivation, village administration, property inheritance, marriage and divorce, social traditions, and so on. However, all such legislation requires the governor's approval. Within their territorial jurisdictions, district and regional councils can form village councils or courts to hear complaints and cases amongst tribes.
The Six Schedule facilitates the development of a framework for autonomous decentralised Government that comprises executive and legislative authorities. This power successfully addresses cultural, customs, water, land, and soil difficulties. In order to handle disputes relating to criminal or civil proceedings, councils are also given judicial authority. Based on the 73rd and 74th Amendments enacted in this Nation, it has been determined that councils inside the Sixth Schedule are allotted more powers than local Government. It has been determined that the autonomy paradigm has contributed to keeping the peace among tribal communities by controlling resources like money lending and using customary laws to settle disputes.
The ability of District Councils to enact laws is one of the Sixth Schedule's most crucial elements. The District Council and Regional Councils, according to Para 3 of the Sixth Schedule, may establish rules regarding lands, the management of forests, the use of canals or waterways for agriculture, the regulation of jhum and other forms of shifting cultivation, the establishment and administration of village or town committees, the appointment or succession of Chiefs or Headmen, the inheritance of property, marriage, divorce, and social practises. According to Para 10 of the Schedule, the District Council of an Autonomous District may pass laws governing the rules and regulation of money lending and trading by individuals who are not members of the Scheduled Tribes in that Scheduled District. The district and regional councils have the authority to assess and collect land revenue as well as levy certain taxes. Acts of Parliament or state legislatures do not apply or apply with specified changes and exclusions to autonomous districts and autonomous regions. However, all laws created per this clause must first receive the state Governor's approval before taking effect. The Governor has the authority to create a commission to investigate and report on any issue concerning the administration of the autonomous districts or regions. On the proposal of the panel, he may dissolve a district or regional council. District Councils and Regional Councils can also establish, build, and manage primary schools, dispensaries, markets, cattle ponds, fisheries, roads, road transport, and waterways. Furthermore, the Councils can dictate the language and style of education in primary schools.
The Sixth Schedule's provisions grant the District and Regional Councils' specific financial authority. They have the authority to create a budget for their Council. According to Sixth Schedule Para 8, District and Regional Councils have the authority to assess and collect land revenue, levy taxes on businesses, trades, animals, vehicles, and goods entering the market for sale, ferry passengers and goods, and maintain schools, hospitals, and roads within their respective jurisdictions. Additionally, the Councils are given the authority to issue permits or leases for the extraction of minerals within their respective jurisdictions under Para 9 of the Schedule.
The Sixth Schedule also has some drawbacks. Instead of introducing a true process of autonomy in the region, it has established several power centres. The District Councils and the State Legislatures sometimes have competing interests. For example, in Meghalaya, despite the state's establishment, the whole state remains under the Sixth Schedule, prompting constant friction with the state administration. There is a significant disparity in financial autonomy between the authorised budget and the cash received by the state government, which has a direct influence on the development of these tribal communities.
In D. Uphing Maslai v. State of Assam, the Court observed that, “The Governor cannot take over judicial power of the District Council by issuing notification under paragraph 16(2) in as much as once Courts are established under paragraph 4 of the Sixth Schedule. Those Courts alone perform the judicial functions under the supervision of the High Court and Supreme Court.”
Conclusion
When formulating policies for the Schedule Tribes in India, the central government's top priority is the administration of tribal lands. The Sixth Schedule, being an integral part of the original Constitution rather than a statutory statute, is immune to modification by parliamentary amendments, both in terms of its content and essential framework. One notable characteristic of the federal system is its distinctive feature that amplifies the appeal of the Constitution and provides robust backing for safeguarding culture as an essential entitlement. Instead of uniformly enforcing all laws in Scheduled Areas, it is advisable to consider the adaptation of laws to align with local customs. Additionally, it is crucial to ensure that the Governor's offices in the Schedule Areas are sufficiently equipped with staff and resources to effectively address the requirements of the Tribal Areas. The Supreme Court in Pu Myllai Hlychhov. the State of Mizoram, observed that the Sixth Schedule is not a Constitution within the Constitution and cannot be isolated from other provisions of the Constitution in all cases. The Sixth Schedule is a supplementary and unique constitutional protection of the indigenous tribes' customs, usages, traditions, land, and other resources in the region.
The Sixth Schedule has had some success in the last few decades in preserving and safeguarding tribal identity. Even if the Autonomous Council clauses in the Sixth Schedule have some drawbacks, they have helped the tribal groups and given them the power to govern territories beyond their villages. The provisions for Autonomous Councils under the Sixth Schedule are valuable tools for effective tribal governance in certain geographic areas. Such a tool has great significance in the North-eastern region of India and has the potential to protect the distinctive cultural identities of the numerous tribes there while also fostering economic and social advancement. In order to properly implement the provisions, set for the tribal communities in the Sixth Schedule for their better future, the Central Government must take comprehensive measures to eliminate imbalance among Council, State, and Central functions.