Fifth and Sixth schedule of Constitution of India : A comparative analysis
- Part 4 -

Dr Th Siamkhum *

Executive Committee of the Council

The Sixth Schedule of the Constitution provides for the formation of Executive Committee of the Council consisting of the Chief Executive Member (CEM) and some other important members of the Council. As mentioned earlier, the CEM is elected by the elected members of the Council. Other member of the Executive Committee are appointed by the Governor of the State on the advice of the CEM. The Executive Committee is similar to a Cabinet of a State or Central Government. The District Council is a miniature parliament at the district level.

When the CEM (Chief Minister at state level) resigns, the Executive Committee stands dissolved automatically. A new Chief Executive member should be elected within 48 hours of his resignation and; if a new CEM could not be elected within this period, the Governor shall exercise his discretionary power to appoint a new CEM.

The Executive Committee is shouldered to issue all executive orders and policies as well as implementation of all developmental schemes within the District Council area. The Executive Committee makes rules and regulations; and also makes appointment with the approval of the District Council. It also prepares budget of the District Council and gets it passed in the District Council.

2. Legislative function

One of the most important features of District Council established under the provision of Sixth Schedule is ‘the provision for Legislative power’. The Sixth Schedule empowered the District Councils to make laws on a wide ranging issues covering land, agriculture, primary education, health, establishment of village councils and town committees, appointment and succession of Chief (Village Chiefs) or headman, inheritance of property, marriage and divorce, money lending, trading by non-tribals and so on, within their territorial jurisdictions.

However, if any legislation or law passed by the District Council is in contravention to any provision of Sixth Schedule, the Governor of the concerned State has the power to alter or modify such legislation of the Council. On the other hand, the Deputy Commissioner is given the right to approve and alter State and Cabinet law before allowing their application in their areas. In other words,State or Central laws do not automatically become laws within the jurisdiction of the District Council, unless otherwise, they are approved by the District Council.

Executive and Judicial Function

The District Council established under the provision of Sixth Schedule, has also been endowed with extensive executive power which includes among others; construction and management of primary schools, dispensaries, markets, cattle, pounds, ferries, road and waterways. The District Council andRegional Council are also being given the power to prescribe the medium of instruction and; to prepare syllabus for primary school within the jurisdiction of the Councils.

Also, the Councils are given the authority to form village and District Council Courts to try cases according to the customary law of the people where both the parties are tribals. However, the Councils are not given the power to decide cases involving offences, punishable by death or imprisonment for five or more years. The District Council Court and the Regional Council are court of appeal for all subordinate courts. It is only the High Court and Supreme Court that have the jurisdiction over suits and cases decided by the Council Court.

3. Financial Power

The District Council and the Regional Councils, within their respective jurisdiction may, collect land revenues, collect taxes on lands holding, entry of good into the market and toll, etc. But the District Council has the concurrent power on professions, trade, employments, animals, vehicles and hut, toll on passenger and goods carried in ferries and maintenance of school, dispensaries or roads. It is also provided in para 9 of the Sixth Schedule, the royalty on licenses or leases for the extraction of mineral resources shall go to the District Council. However, taxes on vehicle are collected by the State Government on behalf of the District Council. Other sources of income of the District Council and Regional Council includes grant-in-aid, loans and advances from the State and Central Government.

Under Article 244A of the Constitution, there is also a provision for the formation of an Autonomous State comprising certain tribal areas in Assam and for the creation local legislature or Council of Minister or both within the State of Assam.

4. Critical Observations

As seen in the preceding discourse on the constitutional provision under Sixth Schedule of the Constitution, District Council created under the provision of the said schedule enjoyed extensive executive, legislative, judicial and financial powers. Their powers are given to the Council with the aim to facilitate a faster development in the areas of health care, primary education, culture, social custom, social welfare, forest, land, agriculture, water management, village administration, economic and rural upliftment, etc.

It is, however, to be observed that the performances of these District Council are, as a whole, not satisfactory. The blame for this unsatisfactory performances of District Council, it could be observed, be equally shared by the District Councils and the concerned Ministers who were seen to have abused power of nomination on political consideration rather than the smooth functioning of the Councils.

It is to be noted here that though the Governor is given the power to nominate members from lesser and marginalized community, it is the Minister who actually done the work. It could also be observed that many ethnic minorities hardly find representation in the Council either by election or nomination.

It has also been noticed that some District Councils failed to constitute Village Courts. Karbi-Anglong District of Assam could not perform its judicial function as the Government of Assam refused to release funds for the same. It has also been observed that most of the courts at the District level are manned by those rejected seasoned politicians or people who have no judicial background as a result of which there have not been modification of customary laws in the District Councils. Regarding service rule framed by the Council, on many occasions these service rule were not followed, qualification and suitability is not the criteria followed, rather political patronage, nepotism, money power and favoritism are rather the consideration for selection of staffs.

To be continued..