Ladakh Policy Reforms

6th Schedule of Indian Constitution

Objectives

• To protect the cultural identity of tribal communities and their customary laws, traditions, and social institutions.
• To prevent alienation of tribal land to non-tribals and promote socio-economic development within tribal areas.
• To decentralize governance and empower tribal groups with legislative, administrative, and judicial powers at the local level.

Constitutional Basis

• The Sixth Schedule derives authority from Article 244(2) of the Constitution.
• It is distinct from the Fifth Schedule, which applies to tribal areas in the rest of India.

Autonomous Districts and Regions

The Schedule allows the creation of Autonomous Districts within the four designated northeastern states. These are regions with significant tribal populations.

• Within a district, if multiple Scheduled Tribes reside in separate compact areas, the Governor can declare them as Autonomous Regions.
• The Governor is empowered to reorganize boundaries, rename districts, or create new ones based on administrative needs and demographic distribution.

District and Regional Councils

Each Autonomous District has a District Council, and each Autonomous Region has a Regional Council.

• These councils are partly elected by adult franchise and partly nominated by the Governor (maximum of 4 nominations).
• The total strength of a District Council cannot exceed 30 members.

These councils act as mini-legislatures and local governments within their jurisdictions.

Legislative Powers

District and Regional Councils are empowered to make laws on a variety of subjects, subject to the Governor’s assent. These include:

• Land management, including regulation of land transfers.
• Inheritance of property and marriage customs.
• Forest management (excluding Reserved Forests).
• Control of money lending and trading by non-tribals in tribal areas.

These powers are intended to ensure that the tribal way of life is preserved and not overridden by external systems.

Judicial Powers

The Councils have the authority to establish Village and District Council Courts to adjudicate civil and criminal cases involving only Scheduled Tribe members within their jurisdiction.

• However, cases involving serious criminal offenses (punishable by 5 or more years of imprisonment or death) remain outside their jurisdiction and fall under the state judiciary or High Courts.

This system enables the continuation of customary tribal justice mechanisms, aligned with modern constitutional principles.

Financial and Administrative Powers

The Councils are authorized to:

• Assess and collect land revenue and levy taxes on professions, animals, trades, and vehicles.
• Issue licenses for extraction of minerals.
• Manage and develop infrastructure such as primary schools, health dispensaries, roads, markets, cattle ponds, and water transport.

This gives them considerable control over local economy and development, ensuring community-based planning and governance.

Exemption from State and Central Laws

Parliamentary and State laws do not automatically apply in Autonomous Districts and Regions.

• The Governor has the power to apply, not apply, or apply with modifications any central or state law to these areas.
• This provision ensures that tribal autonomy is preserved against standard laws that may not align with local customs and governance needs.

Governor's Oversight and Investigative Powers

The Governor holds special powers to:

• Appoint a Commission of Inquiry to investigate matters concerning the administration of autonomous areas.
• Oversee functioning and approve or withhold assent to legislation passed by the councils.
• Modify or annul council decisions in the interest of public order or broader state interests.

This creates a balance between tribal autonomy and constitutional oversight.

Sixth Schedule Areas by State

• Assam: North Cachar Hills District, Karbi Anglong District and Bodoland Territorial Region (BTR)
• Meghalaya: Khasi Hills District, Jaintia Hills District and Garo Hills District
• Tripura: Tripura Tribal Areas Autonomous District Council (TTAADC)
• Mizoram: Chakma District, Mara District and Lai District

PYQ:

Mains

Q. Discuss the significance of the Sixth Schedule in protecting the rights and interests of tribals in India. Also, highlight some key challenges in its implementation.   (2023)

Prelims:

Q. With reference to 'Scheduled Areas' in India, consider the following statements:  (2023)

1. Within a State, the notification of an area as Scheduled Area takes place through an Order of the President.
2. The largest administrative unit forming the Scheduled Area is the District and the lowest is the cluster of villages in the Block.
3. The Chief Ministers of the concerned States are required to submit annual reports to the Union Home Ministry on the administration of Scheduled Areas in the States.

How many of the above statements are correct?

1. Only one
2. Only two
3. All three
4. None