Jonah Patel
The Sixth Schedule of the Indian Constitution came into effect in January 1950 and contains provisions for the administration of tribal areas in the states of Assam, Meghalaya, Tripura and Mizoram in northeast India. The Sixth Schedule establishes autonomous councils that have legislative, judicial, executive and financial powers to independently govern these areas. The purpose of the Sixth Schedule is to protect the interests of the tribal populations in these northeastern states through autonomous governance. There are 10 autonomous councils under the Sixth Schedule, including three each in Assam, Meghalaya and Mizoram and one in Tripura.
| Characteristics | Values |
|---|---|
| Purpose | To protect the interests of tribal populations through autonomous governance |
| Applicable to | Assam, Meghalaya, Tripura, and Mizoram |
| Number of autonomous councils | 10 |
| Number of districts | 10 |
| Powers of councils | Legislative, judicial, executive, and financial |
| Powers of district and regional councils | To make laws on land, forest, inheritance of property, etc. and to establish schools, dispensaries, markets, etc. |
| Constitution of district councils | Not more than 30 members, out of which 4 are nominated by the governor and the rest are elected |
| Term of elected members | 5 years |
| Term of nominated members | During the pleasure of the governor |
| Formation | Came into effect in January 1950 |
| Historical context | During the British Raj, certain areas with tribal communities were designated as "excluded" or "partially excluded" |
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What You'll Learn
The Sixth Schedule's historical context
The Sixth Schedule of the Indian Constitution was devised during the formulation of the Constitution of India to continue the modes of governance that existed during the British Raj. During this period, the frontier regions of the Assam province populated by tribal communities were designated as "excluded areas" or "partially excluded areas". The North-East Frontier Tracts (present-day Arunachal Pradesh), the Naga Hills district (present-day Nagaland) and the Lushai Hills district (present-day Mizoram) were designated as "excluded areas", while the Khasi and Jaintia Hills region (in present-day Meghalaya) was designated as a "partially excluded area". The "exclusion" worked in both directions: the tribes were excluded from the legislature and the governance mechanisms of the Assam province, and the laws created for the province did not apply to the tribal areas.
The Sixth Schedule was designed to provide these tribes with autonomy and allow them to continue their traditional systems of self-governance. B. R. Ambedkar justified the difference in treatment between the tribes of Assam and those in other parts of India by arguing that the tribal people in areas other than Assam had largely adopted the manners and modes of the Hindus who surrounded them, whereas the tribes in Assam had not. Their laws of inheritance, marriage, and customs were quite different from those of the Hindus.
The Sixth Schedule grants autonomous district councils to certain tribal areas in the states of Assam, Meghalaya, Tripura, and Mizoram. These areas are treated differently by the Constitution, and the tribes are given a significant amount of autonomy for self-government. The Sixth Schedule also empowers District Councils to make laws on certain matters, such as land, forests, inheritance of property, marriage, and divorce. However, all laws made under this provision must be assented to by the Governor of the State.
The historical development of the Sixth Schedule can be traced back to the British rule in India. The advent of Robert Clive in 1765 established the Bengal Presidency and introduced the 'supervision of laws' and the collection of revenues for the British presidency. The Fort William of the East India Company became central to controlling even the estates bordering the North Eastern Province. The "Report of Indian Statutory Commission Volume 1 (Survey), 1930" labelled these areas as 'backward tracts', leading to their exclusion from the application of Civil and Criminal Jurisdiction under British rule.
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Tribal areas and their administration
The Sixth Schedule of the Indian Constitution came into effect in January 1950 and contains provisions for the administration of tribal areas in the northeastern states of Assam, Meghalaya, Tripura, and Mizoram. There are 10 Sixth Schedule districts in India. These tribal areas are to be administered as autonomous districts and autonomous regions. The purpose of the Sixth Schedule is to protect the interests of the tribal populations in these states through autonomous governance.
The Sixth Schedule was devised to continue the modes of governance that existed during the British Raj, when the frontier regions of the Assam province populated by tribal communities were designated as "excluded areas" or "partially excluded areas". The tribes were excluded from the legislature and the governance mechanisms of the Assam province, and the laws created for the province did not apply to the tribal areas. The Sixth Schedule thus provides a measure of autonomy and self-governance to the Scheduled Tribes in the hill regions of Northeast India, allowing them to continue their traditional systems of self-governance.
The tribal areas in the four states mentioned above have been constituted as autonomous districts. However, they remain within the executive authority of the state concerned. Each autonomous district has a District Council consisting of not more than thirty members, out of which four are nominated by the Governor, and the rest are elected on the basis of adult franchise. The elected members hold office for a term of five years unless the council is dissolved earlier, and nominated members hold office during the pleasure of the governor. Each autonomous region also has a separate Regional Council. The Governor can divide a district inhabited by different Scheduled Tribes into several autonomous regions.
The District Councils and Regional Councils are empowered to make laws on specified matters such as land, forests, canal water, shifting cultivation, village administration, inheritance of property, marriage and divorce, and social customs. However, all laws made under this provision require the assent of the Governor of the State to come into effect. The Councils are also authorised to establish, construct or manage primary schools, dispensaries, markets, cattle ponds, fisheries, roads, road transport, and waterways in the districts. They are also given the power to grant licenses or leases for the extraction of minerals within their jurisdiction.
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Autonomous district councils
The Sixth Schedule of the Indian Constitution came into effect in January 1950 and provides for the administration of tribal areas in the northeastern states of Assam, Meghalaya, Tripura, and Mizoram. The Sixth Schedule grants these tribal areas autonomy and self-governance to protect the interests of the tribal populations.
The Sixth Schedule establishes autonomous institutional mechanisms which have legislative, judicial, executive, and financial powers to independently govern these areas. There are a total of 10 autonomous councils under the Sixth Schedule, including three each in Assam, Meghalaya, and Mizoram, and one in Tripura. An Autonomous District Council (ADC) is established for each autonomous district, and these councils derive all their powers and functions directly from the Constitution.
Each ADC consists of not more than 30 members, with four nominated by the Governor and the rest elected on the basis of adult franchise. The elected members hold office for a term of five years unless the council is dissolved earlier, while the nominated members hold office during the pleasure of the governor. The governor is empowered to organize and reorganize the autonomous districts, increasing or decreasing boundaries or altering the name of any autonomous district.
The District Councils are empowered to make laws on specified matters such as land, forests, inheritance of property, marriage and divorce, and social customs. They can also establish, construct, or manage primary schools, dispensaries, markets, roads, and waterways in the districts. The councils are also given the power to grant licenses or leases for the extraction of minerals within their jurisdiction and to assess and collect land revenue and impose taxes on professions, trades, animals, and vehicles.
The Sixth Schedule was devised to continue the modes of governance that existed during the British Raj, when the frontier regions of the Assam province populated by tribal communities were designated as Excluded and Partially Excluded Areas. The tribes were excluded from the legislature and governance mechanisms of the Assam province, and likewise, the laws created for the province did not apply to the tribal areas. The Sixth Schedule was intended to protect the unique culture and identity of these tribal groups through self-governance.
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District and regional councils' powers
The Sixth Schedule of the Indian Constitution, which came into effect in January 1950, provides for the administration of tribal areas in the states of Assam, Meghalaya, Tripura, and Mizoram in northeast India. The Sixth Schedule establishes autonomous councils with legislative, judicial, executive, and financial powers to independently govern these areas. The purpose of the Sixth Schedule is to protect the interests of the tribal populations in these northeastern states through autonomous governance.
The Sixth Schedule grants District and Regional Councils the power to make laws on specified matters such as land, forest management, inheritance of property, marriage and divorce, and social customs. These councils can also establish, construct, or manage primary schools, dispensaries, markets, cattle ponds, fisheries, roads, road transport, and waterways within their districts. They are authorised to prescribe the language and manner of instruction in primary schools and can also constitute Village and District Council Courts for civil cases involving members of Scheduled Tribes within their jurisdiction. The District and Regional Councils are also empowered to assess and collect land revenue, impose taxes on professions, trades, animals, and vehicles, and grant licenses or leases for mineral extraction.
Each Autonomous District shall have a District Council consisting of no more than thirty members, four of whom are nominated by the Governor, while the rest are elected through adult franchise. The nominated members serve at the Governor's pleasure, while the elected members hold office for a term of five years unless dissolved earlier. The Governor can divide a district with multiple tribes into several autonomous regions, each with its own Regional Council.
The Sixth Schedule was devised to continue the modes of governance established during the British Raj, which designated certain tribal areas in Assam as "excluded" or "partially excluded." These designations allowed for the self-governance of tribal communities while excluding them from the legislature and governance mechanisms of Assam province. The Sixth Schedule aims to protect the unique culture and identity of tribal groups through autonomous governance, ensuring they are not exploited or marginalised by non-tribal populations.
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Sixth Schedule's contemporary relevance
The Sixth Schedule of the Indian Constitution is of contemporary relevance as it provides autonomy and self-governance to the Scheduled Tribes in the hill regions of Northeast India. This is especially important as these tribal communities have been living in isolation in the hills and forest areas, and the administration of their tribal areas has been a matter of concern. The Sixth Schedule allows them to continue their traditional systems of self-governance and protects their land and resources from being transferred to non-tribal individuals or communities.
The Sixth Schedule is also relevant today as it provides for the administration of certain tribal areas as autonomous districts and regions. These autonomous district councils (ADCs) have been established in the states of Assam, Meghalaya, Tripura, and Mizoram, with each autonomous district having a District Council that can make laws on specified matters such as land, forests, and social customs. The Sixth Schedule also allows for the creation of Regional Councils, which can manage primary schools, dispensaries, markets, and other infrastructure in their districts.
Another contemporary relevance of the Sixth Schedule is the issue of insufficient allocation of funds to the ADCs. Members of some councils believe that the funds provided by the Central Government are not enough and that the distribution of funds should be based on the level of backwardness rather than population. This highlights the need for regular monitoring and evaluation of the implementation of the Sixth Schedule by the government to ensure equal opportunities for growth and development in these areas.
Furthermore, the Sixth Schedule's relevance today can be seen in the demand for the inclusion of more areas with substantial tribal populations. For example, Ladakhis have demanded that their region be included in the Sixth Schedule to protect their fragile ecosystem and promote their tribal culture. This demand is justified as Ladakh has a tribal population of more than 97%, fulfilling the criteria for Sixth Schedule status.
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Frequently asked questions
The 6th Schedule of the Indian Constitution came into effect in January 1950 and provides measures of autonomy and self-governance to the Scheduled Tribes in the hill regions of Northeast India.
The 6th Schedule establishes autonomous councils with legislative, judicial, executive and financial powers to independently govern the tribal areas of Assam, Meghalaya, Tripura and Mizoram. The councils are empowered to make laws on certain matters like land, forests, inheritance of property, marriage and divorce, social customs, etc. The governor can divide a district inhabited by different tribes into autonomous regions.
During the formulation of the Constitution of India, the Sixth Schedule was devised to continue the modes of governance that existed during the British Raj, providing the tribes with autonomy and allowing them to continue their traditional systems of self-governance.
There are 10 Sixth Schedule districts in India. Under 'Part A' of the Sixth Schedule, the following regions in the then Assam state were granted autonomous district councils: United Khasi-Jaintia Hills and Garo Hills (now in Meghalaya), North Cachar Hills and Mikir Hills (which remain in Assam), Lushai Hills (Mizoram) and Naga Hills (Nagaland). Under 'Part B', the North-East Frontier Tracts (Arunachal Pradesh) and Naga Tribal Areas (Nagaland) were granted autonomous district councils.
