Fifth and Sixth schedule of Constitution of India : A comparative analysis
- Part 3 -

Dr Th Siamkhum *

The Bordoloi Committee, after interacting with the people and their representatives, had submitted its two points of observations:-

1). The people of Excluded Area were sensitive about their land, forest, life-style and traditional system of justice: and therefore, needed safeguard and protections of their traditional system of Living and Lifestyle.

2). There were traditional self-governing institutions which functioned democratically and settled disputes according to their traditional life-style.

The Bordoloi Committee, apart from the above two observations, has provided another observation that there are also, in Excluded Areas, certain ethnic minorities having distinct culture, tradition, language etc. who needed a separate administrative mechanism for the protection of their ethnic and cultural identities from dominant tribal community.

Based on the observation and finding of the Bordoloi Committee, the Advisory Sub-Committee for North-East (Assam) submitted its recommendation to the Constituent Assembly for the creation of an Administrative Mechanism under Sixth Schedule of the Constitution of India. The Constituent Assembly, considering the distinct ethnic identities of the hill people of Assam and; to preserve their culture, tradition, language, and most importantly, their land, constituted Autonomous District Councils in 1952.

With the exception of Naga Hills where, the NNC (Naga National Council) spearheaded independence from India, rejected the proposal for the creation of Autonomous District Council and boycotted the election, making the Council dysfunctional. However, Manipur, soon after joining Indian Union in 1959, was given the political status of Territorial Council, and the Scheduled areas in Manipur were excluded from the Scheme of Autonomous District Council under the provision of Sixth Schedule of the Constitution.

There are, at present, ten Autonomous District Councils in the 4 North-Eastern States of Assam, Meghalaya, Tripura and Mizoram constituted under the provision of Sixth Scheduled of the Constitution.

Part I (Assam)

1. The North-Cachar Hills Autonomous District Council (Dima Haolang)

2. The Karbi-Anglong Autonomous District Council

3. The Bodoland Territorial Council

Part II (Meghalaya)

1. The Khasi Hills Autonomous District Council

2. The Jaintia Hills Autonomous District Council

3. The Garo Hills Autonomous District Council

Part II-A (Tripura)

The Tripura Tribal Autonomous District Council

Part III (Mizoram)

1. The Chakma Autonomous District Council

2. The Mara Autonomous District Council

3. The Lai Autonomous District Council

The Sixth Schedule, sometime, also referred to as, a mini-Constitution of the main Constitution of India, was included in the Constitution for the establishment of Autonomous District Council (ADC) with extensive legislative, administrative and judicial functions. It is provided in the provision of the Sixth Schedule that no law of the State and of the Centre shall applies in any autonomous region without the approval of the District Council. It should alsobe noted that the Autonomous District Councils under this Schedule have the power to establish Village Councils and Village Courts.

Under the provision of Sixth Schedule, the Governor of the State has the power to determine the administrative areas of the Council; and he is also authorized to create a new Autonomous District Council, alter or change the existing territorial jurisdiction of the Council. However, the nature of power and jurisdiction of Autonomous District Council differ from state to state. In Assam and Meghalaya, District Councils are established at the district level whereas in Mizoram, District Councils were being created at both the District and Sub-Divisional levels.

1. Nature and Composition

Regarding the composition of District Council under the provision of this Schedule, with the exception of Bodoland Territorial Council having 46 members, it was provided that number of members shall not exceed 30 out of which not more 4 members shall be nominated by the Governor of the concerned state on the advice of the Chief Executive Member from minority communities, who otherwise, have no sufficient voters to elect their own representatives in the Council.

The Governor, on the advice of the Chief Executive Member, appoints other Executive Members who are also members of the Executive Committee of the Council. Other members are called Member of District Council (MDC). MDC are elected from single member constituencies on the basis of adult franchise. There are also a few nominatives seats in each District Council; and the Governor of the State is empowered to nominate members from minority communities, who otherwise, could not be represented in the Council.

It should, however, be noted that the Governor could nominate members of the Council on the advice of the Chief Executive Member. The nominated member shall hold offices at the pleasure of the Governor. Regarding the term of office, the term of District Council, unless otherwise, dissolved by the Governor before the expiry of 5 years or extend not exceeding a period of one year at a time, due to national emergency, shall be 5 years.

The rules regarding qualifications varies from District Council to District Council, all those who attained the age of 18 years have the right to vote in District Councils in Mizoram; while in Karbi Anglong District of Assam, right to access to traditional land and length of stay in the District Council also determine the eligibility to vote in the election.

Autonomous District created under Sixth Scheduled have Chief Executive Member (CEM), the Chairman, and the Deputy Chairman of the Council, who are elected from among the members by the elected members of the Council. Other members of the Executive Committee are selected by the Chief Executive Member. Regarding the function performed by the Chairman and the Deputy Chairman, they perform the function of the Speaker and the Deputy Speaker of a State Legislature.

To be continued..