Sixth schedule

The establishment of autonomous district councils in Assam, Mizoram, Meghalaya, and Tripura is due to the sixth schedule in the constitution of India. The primary purpose and idea behind establishing these bodies were to ensure the protection and preservation of tribal culture. The reasoning behind autonomous district councils is that tribal identity and integration are directly relevant to the land. In addition to understanding the basic concept of the sixth schedule of the Indian constitution, we will be discussing the benefits of the sixth schedule. Also, we will mention the issues and shortcomings of the provision and why it is against the favour of the non-tribals residing in the four states.

What is the sixth schedule?

In 1949, the sixth schedule was enacted per article 244 of the Indian constitution. The sixth schedule was designed to protect the indigenous and tribal groups by establishing and functioning autonomous district divisions known as the autonomous district councils or ADCs. 

Because of the sixth schedule, the indigenous and tribal groups in the north-eastern states have significant autonomy. Assam, Mizoram, and Meghalaya have three autonomous district councils; Tripura only has one. 

The autonomous district councils in Assam

Karbi Anglong autonomous district council, Bodoland autonomous district council, and Dima Hasao autonomous district council are the three ADCs in Assam working for the indigenous groups.

The autonomous district councils in Meghalaya

Jaintia hills autonomous district council, Garo hills autonomous district councils, and Khasi hill autonomous district councils are the three autonomous district councils working for the tribal groups living in the state.

The autonomous district councils in Mizoram

Mizoram has Lai autonomous district council, Chakma autonomous district council, and Ara autonomous district council to maintain the autonomy of the indigenous groups living there.

On the other hand, Tripura has the Tripura tribal areas autonomous district council working towards the autonomy of the tribal and indigenous groups living there. In addition to that, one also needs to remember that every autonomous district has a regional council working under the 

Procured powers of the sixth schedule areas

Originally designed to provide autonomy to the predominantly tribal areas of Assam, which was under the category of excluded areas according to the India act, 1935. The tribal areas of Assam were under the direct rule of the governor. The sixth schedule later started administering the tribal areas in Mizoram, Meghalaya, Tripura, and Assam. This provision is under articles 244(2) and 275(1) of the Indian constitution. 

Responsibilities of the autonomous district councils

Autonomous district councils are powered to make laws in the areas under their jurisdiction, covering every aspect relevant to the tribal and indigenous groups, including land, cultivation, inheritance, forest, and customs and traditions. The ADCs are also empowered to collect revenues adhering to land and other taxes. 

Shortcomings of the sixth schedule

It undermines the principles mentioned in the constitution. It is known to discriminate against non-tribal residents living in the mentioned states in several ways. First, it violates fundamental rights such as equality before the law, as mentioned in article 14. The sixth schedule breaches the right against discrimination, as mentioned in article 15. Last but not least, the provision also infringes the right to settle anywhere in India, according to article 19. Due to so many infringements, there is a constant debate regarding the sixth schedule. 

All these issues have resulted in frequent and several riots between the non-tribal and the tribal in the states. Moreover, the provision’s violation of several fundamental rights has resulted in many non-tribal people moving out of the states. 

There are several power centres in the four states. There has been a clash of opinion and powers between the autonomous district councils and the state legislatures in the four states.

The issue with the act-east policy

The restrictions mentioned in the sixth schedule are the central obstruction behind the success of the act east policy. The act-east policy was designed to provide seamless and smooth connectivity between the north-eastern states and the entire country. In addition to that, the tourism industry in the north-eastern states faces a constant backlash and loss because of the inner line permit mentioned in the sixth schedule. 

Composition of the autonomous district councils

Each autonomous district council has 30 members, out of which the governor of the state nominates four, and the rest 26 are elected through universal adult franchise. The elected members in an autonomous district council hold an office for a full term, i.e., five years. The only exception is if the council is not dissolved before that. The nominated members hold the office alongside the governor’s pleasure.

Conclusion

Protection and prevention from exploitation are necessary for marginalised groups, especially the tribal and indigenous groups living in the north-eastern part of India. To conclude, the sixth schedule provides autonomous district councils of the four states with power of all the three governing bodies, legislature, judiciary, and executive. However, numerous shortcomings work against the favour of the non-tribunals living in the four states.