Sixth Schedule: Administration of Tribal Areas in Assam, Meghalaya, Tripura and Mizoram

At a Glance

• What it is Tribal self-rule through autonomous districts and councils
• Articles 244(2) and 275(1)
• States Assam, Meghalaya, Tripura and Mizoram
• District council 30 members: 26 elected and 4 nominated
• Exam link UPSC Prelims, Polity: Schedules of the Constitution

Where Does It Fit?

This is the sixth topic of the category on the Schedules of the Constitution. The Sixth Schedule contains special provisions for the administration of tribal areas in the four north-eastern states of Assam, Meghalaya, Tripura and Mizoram. It rests on the idea of tribal self-rule, and emphasises autonomy more than the Fifth Schedule.

Rationale

To preserve democratic traditions and cultural diversity in these regions, the framers conceived the instrument of tribal self-rule, which the Sixth Schedule embodies by accommodating the collective aspirations of tribal communities within a democratic system. Other regions with large tribal populations fall under the Fifth Schedule. The Sixth Schedule regions differ in that the emphasis is on self-rule, since many of the communities inhabiting these areas had ruled themselves until the British subjugated them in the nineteenth century. At present there are ten tribal areas in the four states.

Features of Administration

1. The tribal areas are constituted as autonomous districts, but they do not fall outside the executive authority of the state concerned.
2. The Governor can organise and reorganise autonomous districts: increase or decrease their areas, change their names and define their boundaries.
3. If there are different tribes in an autonomous district, the Governor can divide it into autonomous regions.
4. Each autonomous district has a district council of 30 members, of whom four are nominated by the Governor and 26 are elected on adult franchise. Elected members hold office for five years unless the council is dissolved earlier, and nominated members hold office during the pleasure of the Governor. Each autonomous region has a separate regional council.
5. The councils administer areas under their jurisdiction and can make laws on specified matters such as land, forests, canal water, shifting cultivation, village administration, inheritance of property, marriage and divorce and social customs, with the assent of the Governor.
6. They can constitute village councils or courts for trial of suits and cases between tribes and hear appeals from them. The Governor specifies the jurisdiction of the high court over these.
7. The district council can establish, construct or manage primary schools, dispensaries, markets, ferries, fisheries and roads, and make regulations to control money-lending and trading by non-tribals, with the assent of the Governor.
8. The councils can assess and collect land revenue and impose specified taxes.
9. Acts of Parliament or the state legislature do not apply to autonomous districts and regions, or apply with specified modifications and exceptions.
10. The Governor can appoint a commission to examine and report on the administration of autonomous districts or regions and, on its recommendation, may dissolve a district or regional council.

Who Directs Application of Laws

The power of direction on application of laws differs by state. In Assam it lies with the Governor, both for Acts of Parliament and state legislature Acts. In Meghalaya, Tripura and Mizoram it lies with the President for Acts of Parliament and with the Governor for Acts of the state legislature. Paragraph 9(2) of the Sixth Schedule says that if a dispute arises about the share of royalties from mining between the state and a district council, it is referred to the Governor, whose decision is final.

Fifth and Sixth Schedules Compared

Article 244A permits the formation of an autonomous state comprising certain tribal areas in Assam, with a local legislature or council of ministers. Article 275(1) provides grants-in-aid from the Union to the states for tribal welfare.

Why Is This Topic Important?

• Frequently asked Comparison with the Fifth Schedule
• Council composition Numbers are tested
• Northeast Autonomy theme

What Came Next?

The next topic covers the Seventh Schedule, the three lists of subjects.

Key People and Terms

• Autonomous district Tribal area with its own council
• District council 30-member elected body
• Regional council For an autonomous region
• Article 244A Autonomous state in Assam
• Tribal self-rule Local governance by tribes

Exam Corner

Mains Angle

Questions on this topic usually ask about tribal autonomy in the Northeast. Use these points to add depth.

• Self-rule Councils make laws
• Judicial role Village courts
• Financial powers Land revenue and taxes
• Limits State executive and Governor