The topic of discussion that is currently making headlines is the growing demand for an autonomous state within Assam, which has been raised by certain societal sections in Assam as per Article 244A of the Constitution.
The Historical Perspective
In the 1950s, a demand for a separate hill state was put forth by specific sections of the tribal population of undivided Assam. Maintenance of political equality led to long-lasting agitations and eventually, Meghalaya achieved statehood in 1972. Karbi Anglong and North Cachar Hills’ leaders were also involved in this movement. Staying in Assam or joining Meghalaya was an option given to them, and they chose the former as the Centre extended promises of more power, including Article 244(A). During the 1980s, the call for greater autonomy or power transformed into a movement, with numerous Karbi groups resorting to violence, evolving into an armed separatist insurgency demanding full statehood.
Understanding Article 244A
The constitutionality of Article 244(A) permits the formation of an ‘autonomous state’ within Assam in certain tribal areas. This provision also discusses the formation of a local legislature, a Council of Ministers, or both, to oversee local administration tasks. The Twenty-second Constitution Amendment Act, 1969, introduced Article 244(A) into the Constitution. This Article affords the tribal areas more autonomous powers than the Sixth Schedule, with control over law and order being the most significant power.
Insight into the Sixth Schedule
The Sixth Schedule of the Constitution lays down guidelines for the administration of tribal areas in the states of Assam, Meghalaya, Tripura, and Mizoram to ensure the preservation of the rights of the tribal population residing in these states. This special provision is covered under the Constitution’s Article 244(2) and Article 275(1). In Assam, Dima Hasao, Karbi Anglong, West Karbi, and the Bodo Territorial Region fall under this provision. The Governor has the authority to alter the areas or modify the names of the autonomous districts.
Differences between Fifth and Sixth Schedules
In terms of administrative approach towards Scheduled areas, while executive powers of the Union extend as per the Fifth Schedule, the areas under the Sixth Schedule are within the state’s executive authority. The Fifth Schedule deals with the administration and control of scheduled areas and scheduled tribes in all states except Assam, Meghalaya, Tripura, and Mizoram. The regular administrative machinery operating in a state doesn’t apply to the scheduled areas. Currently, ten states – Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, and Telangana, have areas under the Fifth Schedule.
The Special Status of Tribal Habitats
It is noteworthy that the tribal habitations in Kerala, Tamil Nadu, Karnataka, West Bengal, Uttar Pradesh, and Jammu & Kashmir have not been included under either the Fifth or Sixth Schedule. The acts of Parliament or the state legislature do not apply to autonomous districts and autonomous regions, or apply with specified modifications and exceptions only. The Councils have been granted extensive civil and criminal judicial powers, including setting up village courts. However, these councils’ jurisdiction is subject to the purview of the respective High Court.