The Sixth Schedule of the Indian Constitution: Protecting Tribal Areas in the Northeast
The Sixth Schedule of the Indian Constitution: Protecting Tribal Areas in the Northeast
The Sixth Schedule of the Indian Constitution has been a crucial framework for governing and protecting tribal areas in the northeastern states of India, notably Assam, Meghalaya, Tripura, and Mizoram. This schedule, discussed and passed by the Constituent Assembly between September 5-7, 1949, provides a unique form of autonomy to these regions, balancing the intricate needs of tribal communities with broader state and federal governance structures.
Overview of the Sixth Schedule
The Sixth Schedule deals with the administration of tribal areas in the Northeastern states. It delineates specific policies and procedures to ensure that these regions maintain a degree of self-governance, rooted in traditional tribal customs and practices, and are free from the direct intervention of Union (central) government legislation and Parliamentary acts. This schedule empowers districts and regions to make laws on legislative subjects as per Article 244 of the Constitution.
Administrative Autonomy
Under the Sixth Schedule, the District Councils and Regional Councils in Assam, Meghalaya, Tripura, and Mizoram have significant real power to make laws and administer their areas. These councils are granted substantial civil and criminal judicial powers, including the establishment of village courts, subject to the jurisdiction of the concerned High Court. Furthermore, the councils receive grants-in-aid from the Consolidated Fund of India to finance various developmental projects, such as health care, education, and infrastructure.
Role and Functioning of the Sixth Schedule
The Sixth Schedule aims to achieve several key objectives: devolution of powers, deconcentration of administration, and economic development, all of which contribute to the protection of tribal customs and ethnic security. For instance, Assam has the Bodoland Territorial Council, Karbi Anglong Autonomous Council, Dima Hasao Autonomous District Council, Hills Autonomous District Council, Jaintia Hills Autonomous District Council, and Khasi Hills Autonomous District Council. Similarly, Tripura, Mizoram, and Meghalaya have their own autonomous councils.
Challenges and Shortcomings
Despite its intentions, the Sixth Schedule has faced several challenges and shortcomings. One significant issue is the breakdown of law and order, with elections often not being contested, and empowerment instead leading to exclusion. This has not provided the necessary protection to tribal communities in the absence of strong political will and adequate funding. Additionally, there is a gap between the approved budget and the funds actually received from the state governments, impacting development. Corruption and a lack of coordination between the state governments and the autonomous councils have further hindered the implementation of development work.
Financial and Administrative Concerns
The financial autonomy of the ADCs has been a contentious issue. Members across the ADCs in Northeastern states share the same view that they are largely at the mercy of state governments. This has resulted in a significant gap between the approved budget and the funds received, which has negatively affected tribal development. The ADCs depend heavily on the state governments for decision-making regarding developmental activities, and in many cases, the funds from the Central government are not sufficient.
Community and Land Rights
The Sixth Schedule also addresses the issue of community land ownership and cultural practices. Land and natural resources are essential to the survival and identity of tribal communities. However, modern land relations and formal law often recognize only individual ownership, which conflicts with traditional communal ownership practices. This has led to tension and apprehension among tribal communities, as the relationship to land is the basis of their identity.
Conclusion
The Sixth Schedule of the Indian Constitution provides a unique form of autonomy to the northeastern tribal regions, balancing the intricate needs of tribal communities with broader state and federal governance structures. While it has achieved some significant objectives, including protection of tribal customs and better economic development, it also faces challenges such as corruption, a lack of coordination, and inadequate financial support. Addressing these challenges is crucial for the effective implementation of the Sixth Schedule and ensuring the socio-economic well-being of tribal communities in these regions.