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Sixth Schedule

2021 DEC 16

Preliminary   > Constitution   >   Miscellaneous   >   Schedules of constitution

Why in news?

  • MP from Ladakh demanded that the region be included in the Sixth Schedule of the Constitution to safeguard land, employment, and cultural identity of the local population.

About Sixth Schedule:

  • Article 244 in Part X of the Constitution envisages a special system of administration for certain areas designated as ‘scheduled areas’ and ‘tribal areas’.
  • The Fifth Schedule of the Constitution deals with the administration and control of scheduled areas and scheduled tribes in any state except the four states of Assam, Meghalaya, Tripura and Mizoram
  • The Sixth Schedule of the Constitution, on the other hand, deals with the administration of the tribal areas in the four northeastern states of Assam, Meghalaya, Tripura and Mizoram.

Why a separate schedule for tribal areas of these states?

  • The tribes in Assam, Meghalaya, Tripura and Mizoram have not assimilated much the life and ways of the other people in these states. These areas have hitherto been anthro-pological specimens.
  • The tribal people in other parts of India have more or less adopted the culture of the majority of the people in whose midst they live.
  • The tribes in Assam, Meghalaya, Tripura and Mizoram, on the other hand, still have their roots in their own culture, customs and civilization. These areas are, therefore, treated differently by the Constitution and sizeable amount of autonomy has been given to these people for self-government.

Salient Features of Sixth Schedule:

  • The tribal areas in the four states of Assam, Meghalaya, Tripura and Mizoram have been constituted as autonomous districts. But, they do not fall outside the executive authority of the state concerned.
  • The governor is empowered to organise and re-organise the autonomous districts. Thus, he/she can increase or decrease their areas or change their names or define their boundaries and so on.
  • If there are different tribes in an autonomous district, the governor can divide the district into several autonomous regions.

District and regional councils

  • Composition:
    • Each autonomous district has a district council consisting of 30 members, of whom four are nominated by the governor and the remaining 26 are elected on the basis of adult franchise.
    • The elected members hold office for a term of five years (unless the council is dissolved earlier) and nominated members hold office during the pleasure of the governor. Each autonomous region also has a separate regional council.
  • Jurisdiction:
    • The district and regional councils administer the areas under their jurisdiction. They can make laws on certain specified matters like land, forests, canal water, shifting cultivation, village administration, inheritance of property, marriage and divorce, social customs and so on. But all such laws require the assent of the governor.
    • The district and regional councils within their territorial jurisdictions can constitute village councils or courts for trial of suits and cases between the tribes. They hear appeals from them. The jurisdiction of high court over these suits and cases is specified by the governor.
  • Functions:
    • The district council can establish, construct or manage primary schools, dispensaries, markets, ferries, fisheries, roads and so on in the district. It can also make regulations for the control of money lending and trading by non-tribals. But, such regulations require the assent of the governor.
    • The district and regional councils are empowered to assess and collect land revenue and to impose certain specified taxes.

Application of laws of Parliament or State legislature

  • The acts of Parliament or the state legislature do not apply to autonomous districts and autonomous regions or apply with specified modifications and exceptions.
  • The power of direction, in this regard, lies either with the president or governor.
  • Thus, in the case of Assam, it lies with the Governor, both in respect of acts of Parliament or state legislature.
  • In the case of Meghalaya, Tripura and Mizoram, it lies with the president in respect of acts of Parliament and governor in respect of acts of state legislature.

Tribal Areas under Sixth Schedule:

  • Assam:
    • The North Cachar Hills District
    • The Karbi Anglong District
    • The Bodoland Territorial Areas District.
  • Meghalaya:
    • Khasi Hills District.
    • Jaintia Hills District.
    • The Garo Hills District.
  • Tripura:
    • Tripura Tribal Areas District
  • Mizoram:
    • The Chakma District.
    • The Mara District.
    • The Lai District.

Add ons:

  • The governor can appoint a commission to examine and report on any matter relating to the administration of the autonomous districts or regions.
  • He may dissolve a district or regional council on the recommendation of the commission.

PRELIMS QUESTION

Which of the following states are included in the Sixth Schedule of India?

1. Assam

2. Nagaland

3. Manipur

4. Mizoram

Select the correct answer using the codes given below:

(a) 1 and 3 only

(b) 2,3 and 4 only

(c) 1 and 4 only

(d) 1,2,3 and 4

Answer