Model Answer
0 min readIntroduction
The Sixth Schedule of the Constitution of India pertains to the administration of certain tribal areas in Assam, Meghalaya, Mizoram, and Nagaland. Enshrined in Articles 244(1) and 244(2), it was created to safeguard the unique socio-cultural identity of tribal communities and to promote their socio-economic development. Introduced in 1949, shortly after independence, it represents a unique framework for self-governance within the Indian constitutional scheme. Recently, there have been increased demands for its extension to other tribal areas, and debates surrounding its efficacy in addressing the evolving needs of tribal populations.
Constitutional Basis and Areas Covered
The Sixth Schedule allows for the formation of Autonomous District Councils (ADCs) in designated tribal areas. These areas are currently located in four North-Eastern states:
- Assam: Karbi Anglong, North Cachar Hills (now Dima Hasao), and Bodoland Territorial Region (BTR).
- Meghalaya: Khasi Hills, Jaintia Hills, and Garo Hills.
- Mizoram: Lunglei, Aizawl, and Serchhip.
- Nagaland: Dimapur, Kohima, Mokokchung, and Wokha (though the application varies).
The Schedule empowers Parliament and State Legislatures to make laws regarding the administration of these areas, including allocation of functions, powers, and responsibilities to the ADCs.
Powers and Functions of Autonomous District Councils
The ADCs are granted significant legislative, administrative, and judicial powers over matters pertaining to tribal land, resources, and customary laws. These include:
- Land Management: Control over land records, land revenue collection, and alienation of tribal lands.
- Forest Management: Regulation of forest use and protection of forest resources.
- Village Administration: Administration of village councils and traditional institutions.
- Public Health and Sanitation: Provision of basic healthcare and sanitation services.
- Education and Culture: Promotion of tribal education and preservation of cultural heritage.
However, the extent of these powers is subject to the discretion of the State Government, leading to variations in the actual autonomy enjoyed by different ADCs.
Recent Amendments and Developments
The 10th Schedule (Anti-Defection Law) was extended to members of the ADCs in 2003. More recently, the Constitution (Scheduled Tribes) Order (Amendment) Bill, 2019, amended the list of Scheduled Tribes in Assam, impacting the composition and jurisdiction of the BTR ADC. The BTR agreement signed in January 2020, aimed to bring comprehensive peace to the region, further redefined the powers and structure of the BTR ADC.
Challenges and Issues
Despite its objectives, the Sixth Schedule faces several challenges:
- Financial Dependency: ADCs are heavily reliant on state funding, limiting their financial autonomy.
- Administrative Capacity: Lack of trained personnel and adequate infrastructure hampers effective administration.
- Conflict and Insurgency: Ethnic conflicts and insurgent activities continue to disrupt governance in some areas.
- Overlapping Jurisdictions: Conflicts arise between ADCs and state government departments over jurisdiction and authority.
- Demand for Greater Autonomy: Many tribal groups demand greater devolution of powers and resources to the ADCs, and even statehood.
Debates and Future Prospects
There is ongoing debate regarding the extension of the Sixth Schedule to other tribal areas in states like Manipur and Himachal Pradesh. Proponents argue it would provide similar safeguards and promote self-governance. However, concerns exist about its applicability in diverse contexts and potential for further fragmentation. Strengthening the financial and administrative capacity of existing ADCs, promoting greater inter-state coordination, and addressing the root causes of conflict are crucial for ensuring the long-term effectiveness of the Sixth Schedule.
Conclusion
The Sixth Schedule remains a vital constitutional mechanism for protecting tribal interests and promoting self-governance in North-East India. While it has achieved some success in preserving tribal identity and fostering development, significant challenges persist. Addressing these challenges through increased financial devolution, capacity building, and conflict resolution is essential. The future of the Sixth Schedule hinges on its ability to adapt to the evolving needs of tribal communities and to ensure their meaningful participation in the governance process.
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.