The recent revival for the demand of two autonomous councils in Arunachal Pradesh has provoked a call to bring the entire state under the provisions of the 6th Schedule or Article 371 (A) of the Indian Constitution. Presently, Arunachal Pradesh is under the Inner Line Permit (ILP) system and is not governed by either the 5th or 6th Schedules. Meanwhile, states such as Assam, Meghalaya, Mizoram and Tripura are under the 6th Schedule, and Andhra Pradesh, Telangana, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha and Rajasthan have been declared under the 5th Schedule areas. In contrast, Nagaland enjoys the provisions of Article 371 A granting it a special status.
What is the 6th Schedule?
The 6th Schedule in the Indian Constitution is for the administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram. The aim is to protect the rights of the tribal population in these states, as provided under Article 244(2) and Article 275(1) of the Constitution. The tribes in these states are yet to fully assimilate into other demographic groups within their respective states, therefore maintaining their distinct social customs is essential.
According to the Bordoloi Committee report, formed by the Constituent Assembly, there is a need for an administrative system that would allow tribal areas to develop while protecting them from exploitation and maintaining their societal traditions.
How is the Administration under the 6th Schedule Conducted?
The tribal areas under the 6th Schedule are constituted as autonomous districts. These districts enjoy varying degrees of autonomy within their respective State Legislature. There are currently ten autonomous districts – three each in Assam, Meghalaya, and Mizoram, and one in Tripura. Each autonomous district can establish a separate regional council.
The tribals have been granted legislative and executive powers, which are exercised through autonomous regional and district councils (ADCs). These ADCs possess civil and judicial powers and can legislate matters such as land, forests, fisheries, social security, etc., with the governor’s approval.
What is the Role of The Governor?
Despite varying degrees of autonomy, the 6th Schedule areas remain within the executive authority of the concerned state. The governor has powers to organize and re-organize these autonomous districts, including adjusting their areas, changing names, defining boundaries, and more. When an autonomous district houses different tribes, the governor can divide the district into several autonomous regions.
What is the Composition of Autonomous Councils?
Each autonomous district and regional council comprise no more than 30 members, including four who are nominated by the governor and the rest who are elected. All members serve for a term of five years. However, the Bodoland Territorial Council deviates from this norm, constituting up to 46 members.
Understanding Article 371 A
Article 371 A of the Indian Constitution provides Nagaland with its special status. According to this Article, Acts of Parliament pertaining to specific matters like religious or social practices of the Nagas, Naga customary law and procedure, administration of civil and criminal justice involving decisions based on Naga customary law, and ownership and transfer of land and resources will not apply to Nagaland unless decided by the State Legislative Assembly.
