Implementation of Article 244(A): Promise of Autonomy in Assam’s Tribal-Majority Regions

Context

All the contesting candidates have promised the implementation of Article 244(A) of the Constitution to create an autonomous ‘state within a state’  in Assam’s tribal-majority Diphu Lok Sabha constituency.

About Diphu Lok Sabha Constituency

Diphu is the most sparsely populated constituency of Assam’s 14 Lok Sabha constituencies, with a voter count of just 8.9 lakh.

• Community profile: Karbi (third largest tribe in Assam), Dimasa, Hmar, Kuki, Rengma Naga, Zeme Naga, Bodo, Garo, Assamese, Bengali, Bihari, Gorkha, etc.
• It is reserved for Scheduled Tribes (STs), and covers six legislative Assembly segments in three tribal-majority hill districts of Assam ie. Karbi Anglong, West Karbi Anglong, and Dima Hasao.
  • These three districts are administered under the provisions of the Sixth Schedule of the Constitution.
• These areas come under two autonomous councils: the Karbi Anglong Autonomous Council (KAAC) and the North Cachar Hills Autonomous Council. 

Background on the Demand For Autonomy in Assam

• Movement for separate Hill state: It started with the movement in the hill areas of undivided Assam, beginning in the 1950s, seeking a separate hill state which resulted in the creation of the full-fledged state of Meghalaya in 1972.
  • The leaders of the Karbi Anglong region opted to remain with Assam because of the promise extended through Article 244(A).
• Formation of an organization: The Autonomous State Demand Committee (ASDC) was formed to press for the region’s autonomy. 
  • It signed a Memorandum of Settlement with the state and central governments in 1995 for enhancing the powers of the two autonomous councils in the region by increasing the number of departments under their charge to 30 from 10.
• Armed Insurgency: The  demand for implementation of Article 244(A) also took the form of an armed insurgency, with the autonomy for the region remaining unmet.
  • Several  peace accords have been signed with the militant groups, including with the Karbi and Dimasa over the years by both the central and state government.
• Peace Accord: In 2021, a peace settlement was reached with five militant groups in Karbi Anglong (Karbi People’s Liberation Tigers, People’s Democratic Council of Karbi Longri, Karbi Longri NC Hills Liberation Front, Kuki Liberation Front, and United People’s Liberation Army ) under which greater autonomy and a special development package of Rs 1,000 crore over five years were promised.
  • In 2023 an agreement was signed with the Dimasa National Liberation Army along the same lines.

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Sixth Schedule

This Schedule contains provisions regarding the administration of tribal areas in the states of Assam, Meghalaya, Tripura and Mizoram.

• Provisions:
  • Creation of  Autonomous District and Regional Councils (ADCs and ARCs):  These are elected bodies with the power to administrate tribal areas.
  • Membership: Every autonomous district consists of a district council consisting of 30 members (four nominated by the governor and the other 26 elected on the basis of adult franchise).  Each autonomous region also has a separate regional council.
  • Term of office: The elected members hold office for a term of five years  and nominated members hold office as per governor’s pleasure.
  • Power of Governor: 
    • Reorganization: He is empowered to organize and reorganize the autonomous districts by increasing  or decreasing  their areas or changing their names or defining their boundaries and so on.
    • Administration: The governor can appoint a commission to examine and report on any matter relating to the administration of the autonomous districts or regions.
      • He may dissolve a district or regional council based on the recommendation of the commission.
  • Power and Functions: 
    • Legislative Power: They can make laws on subjects such as forest management, agriculture, administration of villages and towns, inheritance, marriage, divorce and social customs.
    • Judicial powers: In cases where the offenses are punishable with death or more than five years of imprisonment, the Governor of the state can confer upon the ADCs and ARCs the power to try them under the country’s criminal and civil laws.
      • Creation of village councils: The ADCs and ARCs may also constitute village councils or courts to decide disputes between parties from Scheduled Tribes, and appoint officers to oversee the administration of the enacted laws.
    • Administrative Powers: They are empowered to collect land revenue, impose taxes, regulate money lending and trading, collect royalties from licences or leases for the extraction of minerals in their areas, and establish public facilities such as schools, markets, and roads.

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