Sixth Schedule

Introduction
The sixth schedule contains provisions related to the Administration of Tribal Areas in the States of Assam, Meghalaya,
Tripura and Mizoram. The Sixth Schedule provides for the administration of certain tribal areas as autonomous entities.
The provisions of the sixth schedule are provided under Articles 244(2) and 275(1) of the Indian Constitution.

 Passed by the Constituent Assembly in 1949, the Sixth Schedule was formulated to provide the
limited autonomy to the tribal regions of North-East.
 It was based on the reports of Bardoloi Committee formed by the Constituent Assembly.
o The committee report stated that there was a need for a system of administration that would
allow tribal areas to become developed.

o The report also called for the protection

of these tribal areas from
exploitation by the people in the plains and preserving their
distinct social customs.
 It gives the tribals freedom to exercise legislative and executive powers through an autonomous
regional council and autonomous district councils (ADCs)
 The ADCs are the districts within the state to which the central government has given varying degree
of autonomy within the State Legislature.
 The acts of Parliament or the state legislature do not apply to autonomous districts and
autonomous regions or apply with specified modifications and exceptions.
 The governor can appoint a commission to examine and report on any matter relating to the
administration of the autonomous districts or regions. He may dissolve a district or regional
council on the recommendation of the commission.

 Under the provision of the Sixth Schedule, the Governor of the State is empowered to determine the area or areas as
administrative units of the Autonomous Districts and Autonomous Regions.
 The Governor has the power to create a new Autonomous District/Region or alter the territorial jurisdiction or the name of any
Autonomous District or Autonomous Regions.
 Originally, it consisted of two parts A and B, but at present, there are 10 such areas in four parts as listed below:

Tribal Areas under Sixth Schedule of the Indian Constitution

Part I (Assam) 1. The North-Cachar Hills District (Dima Haolang)

2. The Karbi-Anglong District
3. The Bodoland Territorial Area District
Part II (Meghalaya) 1. The Khasi Hills District
2. The Jaintia Hills District
3. The Garo Hills District
Part II-A (Tripura) The Tripura Tribal Areas District
Part III (Mizoram) 1. The Chakma District
2. The Mara District
3. The Lai District

Features of the Sixth Schedule

The various features of administration contained in the Sixth Schedule are as follows:
  The tribal areas in the four states of Assam, Meghalaya, Tripura and Mizoram have been constituted as autonomous districts.
But, they do not fall outside the executive authority of the state concerned.
 The elected members hold office for a term of five years (unless the council is dissolved earlier) and nominated members to hold
office during the pleasure of the governor.
 Each autonomous region also has a separate regional council.

Administration of Tribal Areas

 The Sixth Schedule has provision for the creation of Autonomous District Councils, and Regional Councils endowed with certain
legislative, executive, judicial and financial powers.
 The administrative powers and functions of these District Council and Regional Council differ from State to State.
 The power and functions of District Councils and Regional Councils as given in the Sixth Schedule can be summarised as follows:

Legislative Functions

 One of the most important features of the Sixth Schedule is the empowerment of District Councils to make laws.
 They can make laws on certain specified matters like land, forests, canal water, shifting cultivation, village administration,
inheritance of property, marriage and divorce, social customs and so on.
 However, all laws made under this provision shall have no effect until assented by the Governor of the State.

Executive Functions

 The District Councils and Regional Councils are given the power to establish, construct or manage primary schools, dispensaries,
markets, cattle ponds, fisheries, roads, road transport and waterways in the districts.
 The Councils are also authorised to prescribe the language and manner of instruction in the primary schools.

Judicial Powers

 The District and Regional Councils are also empowered to constitute Village and District Council Courts for the trial of suits
and cases where all parties to the dispute belong to Scheduled Tribes within the district.
 And no other courts except the High Courts and the Supreme Court has the jurisdiction over such suits or cases of the
Council Courts.

Financial Powers

 The District and Regional Councils are empowered to prepare a budget for their respective Council.
 They are empowered to assess and collect land revenue and impose taxes on professions, trades, animals, vehicles, taxes on
entry of goods into the market for sale, the toll on passengers and goods carried in ferries and taxes for the maintenance of
schools, dispensaries or roads within their respective jurisdiction.
 Also, the Councils are given the power to grant licences or leases for the extraction of minerals within their jurisdiction.

Significance of the Special Provisions

 The rationality behind the special arrangements in respect of only four states lies in the following:

 The tribes in Assam, Meghalaya, Tripura and Mizoram have not assimilated much the life and ways of the other people
in these states.
 These areas have hitherto been anthropological specimens.
 The tribal people in other parts of India have more or less adopted the culture of the majority of the people in whose
midst they live.
  On the other hand, the tribes in Assam, Meghalaya, Tripura and Mizoram, still have their roots in their own culture,
customs and civilization.
 These areas are, therefore, treated differently by the Constitution and a sizeable amount of autonomy has been given
to these people for self-government.
 The majority of tribal communities categorised as “Scheduled Tribes” have been living in isolation in the hills and forest areas in
different parts of the country.
 Therefore, the administration of these tribal areas has always been a matter of great concern.

 Citizenship Amendment Act (CAA) is inapplicable to the to the tribal areas of Assam, Meghalaya,
Mizoram, and Tripura included in the Sixth Schedule of the Constitution and to the areas falling
under the Inner Line Permit (ILP) system.
Drawbacks associated with the Sixth Schedule
 It has created multiple power centres instead of bringing in a genuine process of autonomy in the
region.
 There are frequent conflict of interests between the District Councils and the State
Legislatures. For example, in Meghalaya, despite the formation of the state, the whole of the state
continues to be under sixth schedule causing frequent conflict with the state government.
 Demand for special provisions for other groups.
 Lack of Development: In terms of financial autonomy, there is a huge gap between the approved
budget and the funds received from the state government which has a direct impact on the
development of these tribal communities.
o In February 2019, 125th Constitutional Amendment Bill was introduced in the Parliament to
amend the provisions related to the Finance Commission (Article 280) and the Sixth Schedule of
the Constitution.
o It seeks to increase the financial and executive powers of the 10 Autonomous Councils in
the Sixth Schedule areas of the northeastern region.