Recently the Ministry of Home Affairs (MHA) shared with the Lok Sabha that there are currently no plans to implement the Panchayati Raj System in the Sixth Schedule areas of Assam. This piece offers a detailed insight into this topical news item.
Background
The Constitution (125th Amendment) Bill, 2019 was introduced in the Rajya Sabha in January 2019 to make changes related to the Financial Commission and the Sixth Schedule of the Constitution. The Sixth Schedule refers to the administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram.
Proposed Amendments
The amendment proposed the establishment of Village and Municipal Councils besides the District and Regional Councils in both rural and urban parts of each district.
Structure of the Village and Municipal Councils
According to the amendment, District Councils can create laws on various subjects like the number of Village and Municipal Councils to be established, their composition, delimitation of constituencies for elections, their powers, and functions.
Rules for Devolution of Powers
The Governor has been given the authority to make rules for the devolution of powers and responsibilities to the Village and Municipal Councils about economic development plans, land reforms implementation, and urban planning among others.
State Finance Commission
The Bill also offers the provision for appointing a Finance Commission for these states to review the financial position of District, Village, and Municipal Councils. The Commission has to provide recommendations regarding taxes distribution between states and District Councils, grants-in-aid from the Consolidated Fund of the state.
Elections to Councils
The Bill stipulates that all elections for positions in the District, Regional, Village and Municipal Councils will be conducted by a State Election Commission appointed by the Governor.
Disqualification of Members of Councils
The Sixth Schedule allows the Governor to make rules for the constitution of District and Regional Councils but the Bill also enables the Governor to make rules for the disqualification of members on grounds of defection.
Sixth Schedule
The Sixth Schedule was intended for tribal areas with a majority tribal population (over 90%) of undivided Assam, classified as “excluded areas” under the Government of India Act, 1935, under direct control of the Governor. It offers autonomy and safeguards rights of the tribal population in these states through Autonomous District Councils (ADCs).
Autonomous Districts
The Governor can organise and re-organise autonomous districts, alter their area, name, boundaries, and divide them into several autonomous regions if they comprise different tribes. Each district has a council consisting of 30 members, four are nominated by the governor and 26 elected by adult franchise.
Sixth Schedule Areas: Panchayati Raj Institutions
Included in Article 40 under the Directive Principles of the Constitution of India, Panchayats were transformed into Constitutional machinery with the introduction of the 73rd Amendment in 1992. However, the tribal-dominated states under 5th and 6th schedules were given the option to either introduce Panchayati Raj institutions or continue with their traditional self-government institutions.
Provisions of PRIs
The provisions of PRIs include establishment of a three-tier structure (Village Panchayat, Panchayat Samiti, and Zilla Parishad), Gram Sabhas at village level, regular elections every five years, proportionate seat reservation for SCs/STs, women’s reservation of not less than 1/3 seats, and constitution of State Finance Commissions to improve the finances of Panchayats.
Power to Panchayats
The Constitution (73rd Amendment) Act, 1992 grants power to the State Government to endow Panchayats with powers and authority as required for them to function as self-governing institutions such as the ability to prepare and execute plans for economic development and social justice in relation to 29 subjects listed in the XI schedule of the Constitution, collection and appropriation of taxes, duties, tolls, and fees.