Sixth Schedule Areas

Why is in news? Kargil hill council passes resolution for Ladakh’s Statehood

It provides for the administration of tribal areas in Assam, Meghalaya, Tripura and Mizoram to safeguard the rights of the tribal population in these states.

This special provision is provided under Article 244(2) and Article 275(1) of the Constitution.

It seeks to safeguard the rights of the tribal population through the formation of Autonomous District Councils (ADC).

ADCs are bodies representing a district to which the Constitution has given varying degrees of autonomy within the state legislature

The Governor is vested with powers regarding the councils. He/she, by public notification, may: Include or exclude any new area, Creates a new autonomous district, Define the boundaries of any autonomous district, Increase or decrease the area of an existing autonomous district, Alter the name of any autonomous district.

If there are different tribes in an autonomous district, the governor can divide the district into several autonomous regions.

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.

The Acts of Parliament or the State Legislature do not apply to autonomous districts and autonomous regions or apply with specified modifications and exceptions.

Powers of councils: 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.

Village councils: 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.

Issues: It undermines the social harmony, stability and economic development of the state and the region.

Benefits:

It was incorporated to protect the rights of the minority tribals living within a larger state dominated by the majority.

It allows for greater political autonomy and decentralised governance in certain tribal areas of the Northeast.