6th Schedule of the Indian Constitution

6th Schedule of the Indian Constitution: The 6th schedule of the Indian Constitution allows the establishment of Autonomous District Councils (ADCs) in Assam, Mizoram, Meghalaya, and Tripura. The 6th schedule’s main objective is to save and maintain tribal culture. Articles 244(2) and 275(1) of the Indian Constitution include the provisions of the 6th schedule.

In this article, we will look into the fundamentals of the 6th schedule of the Indian Constitution as well as its advantages. We will also discuss the issues and limitations of the provision.

What is the 6th Schedule of the Indian Constitution?

The provisions of Schedule 6 of the Indian Constitution deal with the governance structures of Assam, Nagaland, Tripura, and Mizoram. Autonomous Districts and Regions are the administrative divisions for these areas. Any name or jurisdiction changes for the administrative council can be made by the state governor. While the tribes of other regions have adapted themselves like other state residents, the tribes of Assam, Meghalaya, Tripura, and Mizoram have not yet done so. The 6th Schedule provides these groups with provisions for self-governance and encourages rationalism. The creation of the autonomous district councils of Meghalaya, Mizoram, Tripura, and Assam is explained in the 6th schedule of the Indian Constitution.

History of the 6th Schedule of the Indian Constitution

Locals of Assam, Meghalaya, Mizoram, and Tripura felt that the Ladakh Autonomous Hill Development Council (LAHDC) could no longer protect tribal interests in its current form. Because it lacked the power to pass laws or establish regulations on matters like land, employment, and culture. This resulted in the demand for the 6th schedule of the Indian Constitution.

The 6th Schedule of the Indian Constitution gives the State Governor the authority to choose a region or regions to act as the Autonomous District and Autonomous Region administrative hubs. Any Autonomous District or Autonomous Region may have its name, boundaries, and territorial names changed by the Governor.

The Acts of Parliament or the State Legislature do not apply to independent districts or independent nations, or they do apply with certain modifications and exemptions. Provisions have been made for the establishment of district councils and regional councils to exercise certain legislative and judicial responsibilities. However, the relevant High Court places restrictions on their jurisdiction.

It used to be divided into two sections, A and B, but now it is divided into four portions, with 10 such regions, as follows:

Part I (Assam)	The North-Cachar Hills District (Dima Haolang) The Karbi-Anglong District The Bodoland Territorial Area District
Part II (Meghalaya)	The Khasi Hills District The Jaintia Hills District The Garo Hills District
Part II-A (Tripura)	The Tripura Tribal Areas District
Part III (Mizoram)	The Chakma District The Mara District The Lai District

6th Schedule of Indian Constitution Articles

The Indian Constitution’s 6th schedule has been granted special significance. The former state of Jammu and Kashmir was split into two union territories on August 5, 2019, and it was taken off the list of states with special status due to Jammu and Kashmir and Ladakh.

• The original intention of the 6th Schedule was to provide direct governance to the Governor over the primarily tribal (above 90% tribal population) areas of Assam that remained undivided and classified as “excluded territories” under the 1935 Government of India Act.
• The administration of tribal lands in Assam, Meghalaya, Tripura, and Mizoram is mandated by the 6th Schedule of the Indian Constitution to protect the rights of the tribal community residing in these states.
• This special provision is provided by Article 244(2) and Article 275(1) of the Constitution.
• To regulate the administration of these territories, the 6th Schedule creates autonomous district councils (ADCs).
• These councils have the authority to pass legislation about land, forestry, agriculture, inheritance, native customs and traditions of indigenous peoples, and other matters that come under their jurisdiction. Together with a few other forms of taxation, they can also impose land taxes.
• Similar to mini-states, ADCs have separate judicial, legislative, and executive branches as well as independent authorities and duties.

Features of the 6th Schedule of the Indian Constitution

The following are the different administrative characteristics mentioned in the 6th Schedule:

• The four states of Assam, Meghalaya, Tripura, and Mizoram have established their tribal areas as autonomous districts. However, they are still under the state’s executive jurisdiction.
• A governor may create many autonomous regions within an autonomous district if the district belongs to various tribes.
• Every Autonomous District is required to have a District Council with a maximum of thirty members. Among these, four are appointed by the Governor and the remaining members are chosen by adult voting rights.
• The nominated members serve at the governor’s pleasure, whereas the elected members serve terms of five years unless the council dissolves sooner.
• There is a unique regional council for every autonomous area.

Autonomous District Councils (ADCs) in Assam, Meghalaya, Mizoram, and Tripura

The three Assamese ADCs that represent indigenous groups are the Dima Hasao ADC, the Bodoland ADC, and the Karbi Anglong Adhoc District Council. Assam’s predominantly tribal regions were intended to be granted autonomy, but the India Act of 1935 classified them as excluded zones. The governor had direct authority over the Assamese tribal territories.

There are three autonomous district councils in Meghalaya that serve the indigenous communities: the Khasi Hill Autonomous District Council, the Garo Hills Autonomous District Council, and the Jaintia Hills Autonomous District Council.

To preserve the autonomy of the indigenous communities residing in Mizoram, the state has established the Lai, Chakma, and Ara autonomous district councils.

The Tripura tribal areas autonomous district council, on the other hand, has been assigned to promote the autonomy of the local indigenous and tribal populations of Tripura. Also, it is important to keep in mind that each autonomous district has a regional council that operates under the 6th schedule regions’ procured powers.

Provision of the 6th Schedule of the Indian Constitution

The following summarizes the provisions of the Indian Constitution’s 6th schedule:

• District-level organizations (ADCs) with different levels of autonomy within the state assembly are defined by the constitution.
• The governors of these states have the authority to change the borders of the tribal areas.
• He or she has the authority to add or remove territory, redraw boundaries, and merge two or more independent districts into a single district.
• The Governor can also change the titles of the autonomous areas without the need for new legislation.
• Apart from ADCs, any territory recognized as an independent region must have its own unique Regional Council, according to the 6th Schedule.
• Ten separate districts can be found in the Northeast, three each in Assam, Meghalaya, Mizoram, and one in Tripura.
• Each autonomous district and regional council may have a maximum of thirty members. Four are appointed by the governor and the remaining members are chosen by election. Their terms of office are each five years.
• One important exception is the Bodoland Territorial Council, which can have up to 46 members, 40 of whom are chosen by election.
• For the remaining six seats, the governor appoints candidates from underrepresented groups in the Bodoland Territorial Areas District; 35 of the 40 seats are set aside for Scheduled Tribes and non-tribal communities (BTAD).
• The ADCs have both civil and judicial authority and can establish village courts to resolve conflicts between tribes within their jurisdiction.
• The governors of the states listed in the 6th schedule designate the high courts’ jurisdiction in each of these cases.
• With the governor’s approval, the councils can also pass laws on a range of topics, such as public health, entertainment, social security, forestry, real estate, and fishing.

Administration of Tribal Areas under the 6th Schedule of the Indian Constitution

The 6th Schedule provides for the establishment of Regional Councils with specific legislative, administrative, judicial, and financial authorities, as well as Autonomous District Councils. State-by-state variations exist in the administrative authorities and duties assigned to these District Councils and Regional Councils. The following briefly describes the authority and duties granted to District Councils and Regional Councils by the 6th Schedule:

1. Legislative Functions

• Ordinances related to land, forestry, agriculture, village government, inheritance of property, marriage and divorce, and social norms may be passed by District Councils.
• Before becoming effective, all laws must be approved by the state governor.

2. Executive Functions

• District Councils have the authority to plan, construct, or regulate elementary schools, pharmacies, marketplaces, cattle ponds, fisheries, roads, road transportation, and waterways.
• They can set the curriculum and language used in primary schools.

3. Judicial Functions

• Village and District Council Courts may be established by District and Regional Councils to hear cases involving Scheduled Tribes and to hear litigation.
• Such litigation or matters from the Council Court are subject to jurisdiction only by the Supreme Court and the High Courts.

4. Financial Functions

• Each Council may have a budget created by District and Regional Councils.
• They have the authority to tax businesses, trades, animals, cars, items brought to market, goods conveyed by ferries, and the maintenance of roads, schools, and hospitals. They can also assess and collect land revenue.
• Within their geographical jurisdiction, they have the authority to provide leases or permits for the mining of minerals.

Importance of the 6th Schedule of the Indian Constitution

6^th schedule of the Indian Constitution is important because of the following reasons:

• The Indian Constitution’s 6th Schedule has given the tribes of Assam, Mizoram, Tripura, and Meghalaya a greater opportunity for development.
• The Indian constitution’s structure has been modified to allow for the provisions of self-government.
• The tribes can’t fit in with the state’s other residents’ way of life. They maintain a connection to their tribal customs and origins. They reside in seclusion in the hills and are referred to as “Scheduled Tribes.” The schedule was created to build a connection between their identity and the land that served as the basis for the ADCs’ establishment.
• 6th Schedule helps preserve their culture by preserving their authority over lands and natural resources.

Issues with the 6^th Schedule of the Indian Constitution

The following are some of the major issues with the 6^th schedule of the Constitution of India:

• It goes against the values stated in the Constitution.
• It is well known to discriminate in some ways against non-tribal citizens residing in the states listed.
• As stated in Article 14, it violates upon fundamental rights like equality before the law.
• Article 15 indicates that the 6th schedule violates the right against discrimination.
• The provision violates Article 19‘s guarantee of the freedom to settle wherever in India.
• Owing to so many violations, the 6th schedule is a topic of constant debate.
• The states have seen many and recurrent uprisings between the tribal and non-tribal populations as a result of these problems. Also, lots of non-tribal individuals have left the states as a result of the provision’s violations of many fundamental rights.
• Each of the four states has multiple power centers. In all four states, there has been a power struggle between the state legislatures and the Autonomous District Councils.

6th Schedule of the Indian Constitution UPSC

Students preparing for UPSC Exam and looking for comprehensive notes on 6th Schedule of Indian Constitution can refer to this article. It is an important topic for both Prelims and Mians point of view. It covers an important section of GS-II paper of UPSC. Students can also go through the below topics:

• Fifth Schedule of the Constitution of India
• Schedules of Indian Constitution
• Ninth Schedule of the Indian Constitution

FAQs on 6th Schedule of the Indian Constitution

1. What is 6th Schedule of the Indian Constitution?

The Constitution’s 6th Schedule outlines procedures for managing tribal territories in Assam, Meghalaya, Tripura, and Mizoram to protect the rights of the local tribal community. The Constitution’s Articles 244(2) and 275(1) provide this particular provision.

2. Why Ladakh demands 6th Schedule of the Indian Constitution?

Ladakh demands 6th schedule to talk about ways to preserve the area’s distinctive language and culture while keeping in mind its strategic location. Also, to plan for inclusive development and talk about matters pertaining to the Leh and Kargil Ladakh Autonomous Hill District Councils’ empowerment.

3. Which State is in Schedule 6?

The administration of tribal areas in the states of Assam, Meghalaya, Tripura, and Mizoram is covered by the 6th schedule. District-level organizations (ADCs) with different levels of autonomy within the state assembly are defined by the constitution.

4. Why Nagaland is not in 6th Schedule of the Indian Constitution?

Nagaland has adequate protections under Article 371-A. Nagaland is therefore not listed in the 6th Schedule. Assam had a significant share of this issue. This division does not affect Nagaland.

5. What is the difference between 5th schedule and 6th schedule?

The Indian Constitution’s Fifth and 6th Schedules both address the management of scheduled and tribal lands. The Indian Constitution’s 6th and fifth schedules differ in that the 6th schedule only covers the states of Assam, Meghalaya, Tripura, and Mizoram, while schedule five does not apply to these states.

References:

SIXTH SCHEDULE – Articles 244(2) and 275(1) [www.mea.gov.in/]

Constitutional Provision [www.education.gov.in/]

The Sixth Schedule to the Constitution (Amendment) Bill, 2007 [prsindia.org/]

Sixth Schedule, 2003 [www.indiacode.nic.in/]