Sixth Schedule Provisions of the Indian Constitution — 2020 Paper II
Describe the provisions under 6th Schedule of Indian constitution.
Model Answer
VAID ICSApproach
- Demand of Question: Describe the constitutional arrangements under the Sixth Schedule for protecting tribal autonomy and customary institutions.
- Structuring the Response: Cover its geographical scope, Autonomous District/Regional Councils, legislative, judicial, financial and administrative powers.
Model Answer
Introduction
The Sixth Schedule, read with Article 244(2) and Article 275(1) of the Constitution, provides a special system of self-governance for designated tribal areas of Assam, Meghalaya, Tripura and Mizoram. It seeks to reconcile tribal autonomy with participation in the Indian constitutional framework.
Territorial arrangement
The Schedule provides for constitution of:
- Autonomous Districts, and
- Autonomous Regions where different Scheduled Tribes inhabit distinct areas within an autonomous district.
The Governor plays an important role in determining and modifying these administrative units.
Autonomous District Councils
Each autonomous district has a District Council, generally consisting predominantly of elected representatives with limited provision for members nominated by the Governor.
Where several distinct tribal communities inhabit the same district, Regional Councils may also be created.
Thus:
Tribal territory → Autonomous Council → Local self-governance
Legislative powers
District and Regional Councils can make laws, subject to constitutional procedures, concerning matters such as:
- allotment and use of land;
- management of forests other than reserved forests;
- shifting cultivation;
- establishment of villages and towns;
- village administration;
- appointment or succession of chiefs and headmen;
- inheritance of property;
- marriage and divorce;
- social customs.
These provisions enable customary institutions to retain considerable legal relevance.
Judicial powers
Councils may constitute village councils or courts for adjudication of certain disputes involving Scheduled Tribe members.
This allows customary rules and local dispute-resolution mechanisms to function within the constitutional framework.
Administrative powers
District Councils may establish and manage institutions relating to:
- primary education;
- dispensaries;
- markets;
- roads;
- ferries;
- fisheries and other local services,
subject to the specific constitutional and state arrangements applicable to them.
Financial powers
Councils possess powers relating to:
- assessment and collection of certain land revenues;
- taxation of houses and lands;
- taxes on professions, trades and employment;
- markets, animals, vehicles and other specified subjects.
They may also receive grants and maintain funds for local administration.
Regulation of economic activities
The Sixth Schedule permits councils, within specified limits, to regulate activities such as:
- money-lending;
- trading by non-tribals
in order to protect tribal populations from economic exploitation.
Role of the Governor
The Governor has important constitutional powers regarding:
- creation and alteration of autonomous districts and regions;
- approval or consideration of council legislation in specified matters;
- administration and functioning of councils.
Thus autonomy is substantial but not sovereign.
Anthropological significance
The Sixth Schedule recognizes that tribal political organization is often linked to:
- territory;
- customary law;
- clan and village institutions;
- collective resource management.
It therefore adopts an approach of:
Integration + Autonomy + Protection of cultural distinctiveness
rather than administrative uniformity.
Limitations
Practical challenges include:
- overlap between state and council jurisdictions;
- financial dependence;
- conflicts among ethnic groups within autonomous areas;
- uneven administrative capacity;
- demands for greater autonomy by communities outside existing arrangements.
Conclusion
The Sixth Schedule represents a distinctive constitutional experiment in asymmetrical federalism and tribal self-governance, protecting customary law, territorial institutions and local decision-making while integrating autonomous tribal areas within the Indian Union.
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