Sixth Schedule of the Indian Constitution: Administration of Tribal Areas

Introduction

The Sixth Schedule of the Indian Constitution pertains to the administration of tribal areas in certain northeastern states, namely Assam, Meghalaya, Tripura, and Mizoram. This schedule delineates special provisions for governance, administration, and preservation of the cultural identity and rights of the indigenous tribal populations residing in these regions.

Special Administration Provisions for Tribal Areas in North-Eastern States: Constitutional Framework

• Article 244: Part X: Special system of administration for ‘Scheduled Areas’(SA) & ‘Tribal Areas’(TA).
• 6th Schedule: Administration of tribal areas in 4 North-Eastern states – Assam, Meghalaya, Tripura & Mizoram (AMTM). [UPSC 2015]
• Rationality behind the arrangement: To protect the culture, customs & civilizations of people of such areas, who still have not assimilated with the majorities in such areas.
• Article 244(2) and 275(1): Provisions as to the Administration of Tribal Areas in the States of Assam, Meghalaya, Tripura and Mizoram.
• Article 244A: Formation of an autonomous state comprising certain tribal areas in Assam and creation of a local legislature or Council of Ministers or both

Features of Administration as per 6th Schedule

• Tribal areas in states of AMTM: Autonomous Districts (ADs), fall under state executive authority.
• Governor’s Authority: The governor is empowered to organize & reorganize the autonomous districts (ADs) such as changing areas or their names or defining their boundaries.
• Division Into Autonomous Regions: Governors can even divide the ADs into several autonomous regions if there are different tribes in the ADs.
• District Council: Each Autonomous District has a District Council of 30 members (26 elected + 4 nominated by the Governor).
• Tenure: Elected (5 years)+ Nominated (at the pleasure of the Governor).
• Regional Council: Each autonomous region has a Separate Regional Council.

Powers & Functions of District & Regional Councils

• Legislative Authority: District and regional Councils administer the areas under their jurisdiction; and can make laws on certain matters: land, forests, canal water etc, but all such laws require the Governor’s assent.
• Village Councils/Courts: District and regional councils can constitute Village Councils/courts for trial of suits & cases between tribes. 
• The jurisdiction of High Courts over such suits & cases is specified by the Governor.
• Functions and Regulations of District Councils: The District Council can establish primary schools, dispensaries, markets, ferries, and roads in the district. 
• Control of Money Lending: It can also make regulations for control of money lending & trading by non-Tribals. But such regulations require the assent of the Governor.
• They are empowered to assess & collect land revenue & to impose certain specified taxes.
• Application of Central and State Acts: Central or State Acts do not apply to autonomous districts & autonomous regions or apply with specified modifications & exceptions.
• Governor Directs: In the case of Assam for both Central & State Acts.
• President Directs: In the case of Meghalaya, Tripura & Mizoram for Central Acts & Governor in respect of State Acts.
• Appointment of Commission and Dissolution of Council: The Governor can appoint a commission to examine & report on any matter relating to the administration of autonomous regions & can even dissolve the District & Regional Council on the recommendation of such commission.

Conclusion

• The Sixth Schedule of the Indian Constitution grants autonomy to these regions through the establishment of district and regional councils, empowering them to govern and legislate on various matters crucial to the welfare and development of tribal communities. 
• The Sixth Schedule ensures the preservation of tribal identity, culture, and rights while

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