Centre’s decision to mine uranium in Domiasiat & Wahkaji, Meghalaya, raises concerns over procedural safeguards, tribal rights, environmental impact, and governance.

Opposition and Concerns of Local Communities

• Historical Opposition: Khasi groups have consistently opposed the exploration and extraction of uranium in the region since the 1980s.
• Use of Sixth Schedule: Local groups have urged the Khasi Hills Autonomous District Council to invoke its powers under the Sixth Schedule of the Constitution to protect tribal rights.
• Environmental Impact: Uranium mining is a highly polluting activity that can irreversibly alter the landscape, which is a primary concern for the local inhabitants.
• Perception of Injustice: The move reinforces the perception among tribal communities that their land remains a ‘resource frontier’ for the ‘Rest of India’, where their consent is not valued.

Provisions of the Sixth Schedule

• Article 244(2): Applies to administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram.
• Autonomous Districts and Autonomous Regions:
  • Tribal areas in the four states are administered as Autonomous Districts.
  • Governor can divide districts into Autonomous Regions if multiple Scheduled Tribes reside there.
  • Governor has the power to organize, reorganize, alter boundaries, or rename districts.
• Constitution of Councils:
  • District Council: One for each autonomous district, up to 30 members (maximum 4 nominated by the Governor; rest elected by adult suffrage).
  • Regional Council: Separate council for each autonomous region.
• Legislative Powers of Councils:
  • Can make laws on matters such as land, forest management (excluding reserved forests), inheritance, and local trading regulations.
  • Laws regulating money-lending or trade by non-tribals in tribal areas.
  • All laws require Governor’s assent.
• Revenue and Taxation:
  • Councils can assess and collect land revenue and impose taxes on professions, trades, animals, vehicles, etc.
  • Power to grant licenses or leases for mineral extraction within their jurisdiction.
• Administration of Justice:
  • Councils can constitute Village and District Council Courts for disputes involving only Scheduled Tribe members.
  • High Courts retain jurisdiction over cases specified by the Governor.
  • Council Courts cannot try cases with punishment of death or imprisonment over five years.
• Applicability of Laws: Acts of Parliament or state legislatures do not apply directly or apply with modifications/exceptions in autonomous districts/regions.
• Governor’s Powers: Can appoint commissions to investigate issues related to administration of autonomous districts or regions.

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