Understanding Sixth Schedule of the Indian Constitution: Autonomy and Tribal Governance in the Northeast

India’s Constitution provides special provisions in the Fifth and Sixth Schedules to protect the unique cultures and needs of its tribal communities. The Sixth Schedule, in particular, addresses the governance of tribal areas in Assam, Meghalaya, Tripura, and Mizoram, granting significant autonomy to ensure their traditions and socio-economic development are preserved.

Governance and Administration Tribal Areas under Sixth Schedules of the Indian Constitution

The Sixth Schedule: Empowering Tribal Governance and Preserving Cultural Identity

• Incorporation of the Sixth Schedule: This schedule was incorporated on the recommendation of Gopinath Bordoloi subcommittee on Tribal Areas of Constituent Assembly. 
• Sixth Schedule Provisions: The Sixth Schedule of the Constitution includes specific provisions for the governance of tribal areas in the northeastern States of Assam, Meghalaya, Tripura, and Mizoram. The rationale behind these unique arrangements for these four States is as follows:
  • Preservation of Tribal Cultures:: The tribal communities in Assam, Meghalaya, Tripura, and Mizoram have retained their distinct cultures, customs, and ways of life, without assimilating into the broader society of these States. 
  • Anthropological Significance: These areas have served as anthropological specimens, where tribal people have maintained their roots in their own culture and civilization. 
• Constitutional Recognition: Consequently, the Constitution treats these regions differently and grants them a significant degree of autonomy for self-governance.

Key Features of the Sixth Schedule

The key features of administration outlined in the Sixth Schedule are as follows:

• Establishment of Autonomous Districts: The tribal areas in these four States are established as autonomous districts. 
  • However, they remain within the executive authority of the respective States.
• Governor’s Authority and Responsibilities: The Governor has the authority to organize and reorganize these autonomous districts, which includes modifying their boundaries, names, and other related aspects.
• Division of Autonomous Districts: In cases where there are multiple tribes in an autonomous district, the Governor can divide the district into several autonomous regions.
• Composition of Autonomous District Councils: Each autonomous district has a district council known as Autonomous District Council composed of 30 members. 
  • The Governor nominates four members, and the remaining 26 are elected through adult franchise, serving a five-year term (unless dissolved earlier). 
  • Except Bodoland Territorial Council which has 46 members out of which 6 are nominated. 
    • Nominated members hold office at the Governor’s discretion. 
    • Additionally, each autonomous region has its own regional council.
• Legislative Authority of Councils: The district and regional councils administer the areas under their jurisdiction and have the authority to enact laws on specific matters, such as land, forests, canal water, shifting cultivation, village administration, inheritance of property, marriage, divorce, and social customs. However, all such laws require the Governor’s approval.
• Dispute Resolution Mechanisms: The district and regional councils can establish Village Councils or Courts within their territorial jurisdiction to handle disputes among tribal communities. 
  • They also have jurisdiction over appeals from these courts, with the scope of the High Court’s authority over these matters specified by the Governor.
• Developmental Powers of District Councils: The District Council has the power to establish, construct, or manage primary schools, dispensaries, markets, ferries, fisheries, roads, and more within the district. 
  • They can also create regulations for the control of money lending and trading by non-tribals, subject to the Governor’s approval.
• Revenue Collection and Taxation Authority: The district and regional councils are empowered to assess and collect land revenue and impose specific taxes.
• Legislative Applicability: Acts of Parliament or State Legislatures do not apply to the area till the relevant Autonomous District directs. 
• Commission for Administrative Oversight: The Governor can appoint a commission to investigate and report on any matters related to the administration of the autonomous districts or regions. 
  • He may also dissolve a district or regional council based on the commission’s recommendations.

Concerns Related to Autonomous District Councils (ADCs)

• Spiralling Demands: The provision of special privileges to select minority tribal areas has spurred additional demands from other groups for similar benefits under the Sixth Schedule. 
  • Example: the people of Ladakh UT are demanded to include the entire UT under the sixth schedule.
• Lack of Financial Autonomy: ADC members in the northeastern States concur that the ADCs are heavily reliant on State governments. 
  • There exists a substantial gap between the approved budget and the funds disbursed by the State Government, directly impacting the development of tribal communities.
• State’s Discretion: Decisions regarding developmental projects in their regions are subject to the discretion of State governments, making the ADCs dependent on them for progress.
• Evil of Corruption: Rampant corruption has contributed to the perception that development in these areas is practically non-existent.
• Coordination Issues: The lack of coordination between State governments and departments responsible for planning and development, such as the Hill Areas Department and Autonomous councils, has resulted in the sluggish implementation of development initiatives.

Possible Reforms and Actions

• Building Trust and Inclusion: The government and related agencies must work on gaining the trust of the non-scheduled area population and fostering a sense of security and inclusion among them.
• Harmonizing Traditional Practices with Modern Changes: Effective coordination and adaptation are essential to harmonize traditional practices and customs with the changes occurring within tribal societies today.
• Enhancing Representation and Participation: The issue of representation requires a thorough review, focusing on increasing women’s participation in the decision-making process and extending inclusion to non-tribal members of the State.
• Ensuring Accountability in Fund Utilization: To prevent misappropriation, the responsibility for ensuring adequate accountability and transparency in fund utilization should be entrusted to authorities like the Comptroller-General and Auditor-General of Accounts.
• Documenting and Formalizing Traditional Laws: The documentation and formalization of traditional laws are crucial steps toward achieving the primary objective of the Sixth Schedule, which is the safeguarding of tribal cultural identity.
• Defining Legislation for Autonomous Councils: Steps should be taken to ensure that Autonomous Councils have well-defined legislation that clearly delineates the powers of village-level bodies, government fund disbursement, and transparent allocation and utilization of resources.

Differences between Fifth Schedule and Sixth Schedule administration

Conclusion

The Sixth Schedule is crucial for safeguarding the rights and identities of tribal communities in India’s northeastern states. 

• Despite the autonomy, challenges like financial dependence, corruption, and coordination issues remain. 
• Comprehensive reforms and effective governance are essential to enhance the well-being of these communities and preserve their cultural heritage while integrating them into the broader socio-economic framework.

Important Articles of the Chapter

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