Asymmetrical Federalism and Tribal Autonomy in India

Climate activist Sonam Wangchuk is protesting for Ladakh's inclusion in the Sixth Schedule of the Indian Constitution. This movement echoes similar demands from Arunachal Pradesh and Manipur for greater autonomy and protections for tribal populations. These developments have sparked renewed discussions on asymmetrical federalism in India, as the Fifth and Sixth Schedules highlight the varying degrees of autonomy granted to different regions.

What is Asymmetrical Federalism?

• Asymmetrical federalism refers to a system where some states or regions enjoy greater autonomy and special provisions than others.
• Unlike symmetrical federations such as the United States or Australia, where all states hold the same powers, India’s federalism allows for diverse arrangements tailored to specific historical and cultural contexts.
• This model is crucial for addressing the unique needs of tribal populations, particularly in northeastern India.

Historical Context of the Fifth and Sixth Schedules

• The roots of the Fifth and Sixth Schedules can be traced back to British colonial policies.
• Prior to British rule, tribal populations in India enjoyed significant autonomy over their ancestral lands and customary laws.
• However, British forest policies and land regulations disrupted these traditional rights, leading to various tribal uprisings such as the Kol rebellion (1831-32), Santhal revolt (1885), Munda Rebellion (1899-1900) and Bastar rebellion (1911).
• In response to growing discontent, the Government of India Act, 1935, established ‘excluded’ and ‘partially excluded’ areas, where legislative powers were vested in governors. These historical precedents laid the groundwork for the Fifth and Sixth Schedules in the Indian Constitution.
• Fifth Schedule: This schedule applies to ‘scheduled areas’ primarily inhabited by tribal populations.
  • The President of India can declare these areas based on criteria such as tribal majority and economic backwardness.
  • The Fifth Schedule grants specific powers to the Governor, including the regulation of land transfers and the establishment of Tribes Advisory Councils (TAC) to advise on welfare and advancement initiatives.
• Sixth Schedule: Applicable to ‘tribal areas’ in Assam, Meghalaya, Mizoram, and Tripura, the Sixth Schedule provides for the creation of Autonomous District Councils (ADCs).
  • These councils have legislative powers to regulate land use, inheritance, and social customs, thereby ensuring a degree of self-governance for tribal populations.
  • The ADCs can also manage local infrastructure and financial matters, which enhances local autonomy.

Special Provisions for Northeastern States

• Beyond the Fifth and Sixth Schedules, several northeastern states have special provisions under Part XXI of the Constitution.
• Articles 371A to 371H establish protections for local customs, governance structures, and responsibilities of state governors to promote development and maintain law and order.
• These are contained in Articles 371A (Nagaland), 371B (Assam), 371C (Manipur), 371F (Sikkim), 371G (Mizoram) and 371H (Arunachal Pradesh). 

Need for Further Reforms

Despite the constitutional safeguards, challenges remain regarding the actual autonomy of Fifth and Sixth Schedule areas:

• Limited Practical Autonomy: The regulations made by governors in scheduled areas require approval from the Central government, which can undermine local governance. Political differences between parties at different levels can further complicate the situation.
• Unnotified ST Habitations: Many tribal habitations across India are not recognized as ‘scheduled areas,’ denying them constitutional protections and rights. A systematic effort to notify these areas is essential.
• Pending Legislative Reforms: The 125th Constitutional Amendment Bill (2019), aimed at enhancing the powers of ADCs, is still pending. Timely passage of this bill is crucial to empower local governance structures effectively.
• Growing Demands for Inclusion: Recent resolutions from state assemblies in Arunachal Pradesh and Manipur call for their inclusion in the Sixth Schedule, along with similar demands from Ladakh. Addressing these demands promptly is vital to protect tribal interests.
• Forest Rights Recognition: The implementation of the Forest Rights Act, 2006, should be ensured across the country, particularly in Fifth and Sixth Schedule areas, to recognize the traditional rights of tribal communities over forest lands.