Model Answer
0 min readIntroduction
The 6th Schedule of the Indian Constitution is a special provision relating to the administration of certain tribal areas in the states of Assam, Meghalaya, Mizoram, and Nagaland. Enshrined in Article 244(2), it was enacted in 1950, shortly after independence, recognizing the unique socio-political needs and customary laws of these communities. It aims to safeguard their cultural identity, traditional practices, and socio-economic interests by providing a framework for self-governance through Autonomous District Councils (ADCs). The Schedule was initially applied to Assam, and subsequently extended to Meghalaya, Mizoram, and Nagaland through amendments.
Provisions of the 6th Schedule
The 6th Schedule outlines a three-tiered structure for the administration of tribal areas:
1. Autonomous Districts (ADs)
- Formation: The Governor of the state, after consultation with the tribal representatives, can demarcate areas as Autonomous Districts. These districts are formed in areas predominantly inhabited by Scheduled Tribes.
- Composition: Each ADC consists of elected members and nominated members. The number of elected members is determined based on the population of the district. Nominated members are chosen by the Governor, representing various interests like women, minorities, and traditional institutions.
- Duration: The ADCs have a term of five years, similar to state legislative assemblies.
2. Powers Devolved upon Autonomous District Councils
The 6th Schedule empowers ADCs with legislative, administrative, and judicial powers over a range of subjects. These powers are devolved by the state government and include:
- Legislative Powers: ADCs can make laws on land records, forests, inheritance, marriage and divorce, social customs, village administration, and appointment of chiefs and councils. However, these laws require the assent of the Governor to be effective.
- Administrative Powers: ADCs can administer public health, education, and other welfare schemes within their jurisdiction. They also have the power to collect land revenue and taxes.
- Judicial Powers: ADCs can establish village courts or other customary courts to adjudicate disputes based on tribal laws and customs.
3. Role of the Governor
The Governor plays a crucial role in the functioning of the 6th Schedule areas:
- Demarcation of Districts: As mentioned earlier, the Governor demarcates areas as Autonomous Districts.
- Assent to Laws: All laws passed by the ADCs require the Governor’s assent to become operational.
- Appointment of Members: The Governor nominates members to the ADCs.
- Supervision: The Governor oversees the functioning of the ADCs and can intervene in cases of maladministration.
4. Financial Provisions
The Schedule also addresses the financial aspects of the ADCs:
- Funds: ADCs receive funds from the state government in the form of grants-in-aid and taxes collected within their jurisdiction.
- Budget: The ADCs prepare their own budgets, which are subject to approval by the state government.
5. Amendments to the 6th Schedule
The 6th Schedule can be amended by a simple majority in Parliament. Several amendments have been made over the years to address specific issues and extend its provisions to new areas. The 10th Schedule (Anti-Defection Law) does not apply to members of the ADCs.
Variations Across States
While the basic framework remains the same, the implementation of the 6th Schedule varies across the four states:
| State | Number of ADCs | Key Features |
|---|---|---|
| Assam | 6 | Karbi Anglong, North Cachar Hills, Dima Hasao, Bodoland Territorial Region (BTR) – the BTR was created through a recent amendment. |
| Meghalaya | 3 | Khasi Hills, Jaintia Hills, Garo Hills. These ADCs have significant powers over land and resource management. |
| Mizoram | 3 | Lunglei, Aizawl, and Chakma Autonomous District. |
| Nagaland | 1 | Dimapur District. |
Conclusion
The 6th Schedule remains a cornerstone of India’s tribal policy, providing a unique framework for self-governance and protecting the interests of Scheduled Tribes. While it has been successful in preserving cultural identity and promoting local development, challenges remain, including inadequate funding, limited administrative capacity, and conflicts over land and resources. Strengthening the ADCs through greater devolution of powers, increased financial resources, and capacity building is crucial for ensuring their effectiveness and promoting inclusive development in these regions. Ongoing dialogue and consultation with tribal communities are essential for adapting the Schedule to evolving needs and aspirations.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.