Article 244(2) of the Constitution, the Sixth Schedule makes special arrangements for the administration of Tribal Areas in the States of Assam, Meghalaya, Mizoram and Tripura. Reasons for the unique arrangements concerning these four states include:
- The tribes residing in Assam, Meghalaya, Tripura, and Mizoram have not integrated significantly with the lifestyles and customs of other groups within these states.
- In contrast, tribal communities in other regions of India have largely embraced the culture of the dominant populations surrounding them. The tribes in Assam, Meghalaya, Tripura, and Mizoram, however, continue to maintain strong connections to their own traditions, customs, and civilizational practices.
- Consequently, these regions are treated differently under the Constitution, allowing a significant degree of autonomy for the inhabitants of these areas in terms of self-governance.
Features of Administration Contained in the Sixth Schedule areas
- Autonomous Districts and Autonomous Regions: A crucial provision of the Sixth Schedule is that tribal territories are to be governed as Autonomous Districts and Autonomous Regions. It is important to highlight that these autonomous districts and regions remain under the executive control of the relevant state government.
- Powers of Governor: The State Governor has the authority to delineate the area or areas designated as administrative units for the Autonomous Districts and Autonomous Regions.
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- The Governor holds the power to modify the geographical limits or the name of any Autonomous District or Autonomous Region. Additionally, the Governor can partition districts into multiple autonomous regions if various tribes inhabit an autonomous district.
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- Applicable Laws: Legislative acts from Parliament or the state assembly do not apply to autonomous districts and autonomous regions, or they apply with certain modifications and exceptions.
- District Council: Every Autonomous District must have a District Council made up of 30 members, 4 of whom are appointed by the Governor and 26 elected through universal adult suffrage. Elected members serve a term of five years (unless the council is disbanded earlier) while nominated members serve at the pleasure of the Governor. Autonomous regions also have their own regional councils.
- Legislative Functions of District Councils and Regional Councils: District and Regional Councils are permitted to enact rules regarding land management, forestry (except for Reserved Forest), agricultural irrigation from canals or watercourses, regulation of jhum and other shifting cultivation methods, establishment and management of village or town committees, appointment or succession of Chiefs or Headmen, property inheritance, marriage and divorce, and social customs with prior approval from the Governor.
- Moreover, the District Council has the authority to create laws regulating and controlling money lending or commercial activities by anyone other than Scheduled Tribe inhabitants within that Scheduled District. However, any laws enacted under this provision will not take effect until they receive assent from the State Governor.
- Executive Powers of District Councils and Regional Councils: The District and Regional Councils possess the ability to set up, build, or manage primary schools, healthcare facilities, markets, cattle ponds, fisheries, roads, transport systems, and waterways within the districts. The Councils are also empowered to determine the language and style of instruction in primary schools.
- Judicial Powers of District Councils and Regional Councils: The District and Regional Councils can establish Village and District Council Courts to adjudicate disputes where all parties are Scheduled Tribes within the district. No courts other than the High Courts and Supreme Court hold jurisdiction over such cases except those within the Council Courts. Nonetheless, these Council Courts do not have the authority to handle cases involving offenses that carry a death penalty or imprisonment of five years or longer.
- Financial Powers of District Councils and Regional Councils: They are responsible for preparing budgets for their respective Councils.
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- District and Regional Councils can assess and collect land revenue and levy taxes on professions, trades, livestock, vehicles, market entry of goods for sale, tolls for passengers and goods transported via ferries, and taxes for maintaining schools, healthcare facilities, or roads within their jurisdictions.
- The Councils are also authorized to issue licenses or leases for mineral extraction within their areas.
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- Appointment of Commission: The Governor can establish a commission to investigate and provide recommendations on matters pertaining to the administration of the autonomous districts or regions. The Governor may disband a district or regional council based on the commission’s recommendations.
List of Tribal Areas in Northeast India
Sr. no. | State | Tribal Areas |
1. | Assam | 1. The North Cachar Hills District.
2. The Karbi Anglong District. 3. The Bodoland Territorial Areas District. |
2. | Meghalaya | 1. The Khasi Hills District.
2. The Jaintia Hills District. 3. The Garo Hills District. |
3. | Tripura | 1. The Tripura Tribal Areas District. |
4. | Mizoram | 1. The Chakma District.
2. The Mara District. 3. The Lai District. |
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