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Sixth Schedule of the Indian Constitution

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About Sixth Schedule of the Indian Constitution

  • The Sixth Schedule of the Indian Constitution provides for the administration of tribal areas in Assam, Meghalaya, Tripura and Mizoram through the creation of autonomous councils and regions.
  • This schedule, enacted under Article 244(2) and Article 275(1), aims to protect the rights, culture, and resources of tribal communities by granting them significant autonomy in areas like land, forests, and governance, while also safeguarding them from exploitation.
  • Under the Sixth Schedule, the tribal areas are constituted as autonomous districts. The governor is empowered to organise and reorganise the autonomous districts.
    • If there are different tribes in an autonomous district, the governor can divide the district into several autonomous regions. Each autonomous region also has a separate regional council.
  • Article 244 provides for the formation of Autonomous District Councils (ADCs) that have some legislative, judicial, and administrative autonomy within a state.
  • It further consists of a district council which consists of 30 members, of whom the Governor nominates four, and the remaining 26 are elected on the basis of adult franchise.
  • The sixth schedule is based on the reports of the North-East Frontier Tribal and Excluded Areas Sub-Committee of the Constituent Assembly, commonly referred to as the Bordoloi Committee.

SIXTH SCHEDULE

Autonomous Districts and Autonomous Regions

  • Under the Sixth Schedule, the tribal areas are constituted as autonomous districts. However, they do not fall outside the executive authority of the state concerned.
  • The Governor is empowered to organise and reorganise the autonomous districts. He can also increase, decrease the boundaries or alter the name of any autonomous district. He can also divide the districts into several autonomous regions in case of different tribes in an autonomous district.
  • The acts of the Parliament or state legislature do not apply to autonomous districts and autonomous regions or apply with specified modifications and exceptions.

District Councils and Regional Councils

  • Article 244 provides for the formation of Autonomous District Councils (ADCs) that have some legislative, judicial, and administrative autonomy within a state.
  • District Councils: A district council consists of 30 members, of whom four are nominated by the Governor and the remaining 26 are elected on the basis of adult franchise. Each autonomous region has a separate regional council.

Powers of the Council

  • The district and regional councils administer the areas under their jurisdiction.
  • They can make laws on some issues like land, forests, canal water, village administration, the inheritance of property, marriage and divorce, etc. All such laws require the permission of the Governor.
  • It can constitute village councils or courts for the trial of suits and cases between the tribes. The Governor specifies the jurisdiction of the High Court over these suits and cases.
  • The district council can establish, construct or manage primary schools, dispensaries, markets, ferries, fisheries, roads and so on in the district.
  • They are empowered to assess and collect land revenue and impose certain specified taxes.
  • They can grant licences or leases for the extraction of minerals.

Read in-depth about Arguments in Favour & Against Ladakh’s Demand for the Sixth Schedule.

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