By H H Mohrmen
The trumpets have not even been blown, and yet the war cry has reverberated through the rolling hills of the Khasi and Jaiñtia regions of the state. But what is the noise all about? What do people or even the candidates contesting in the election debates about? If the crux of the matter is not debated by the candidates and even the public does not try to understand the Sixth Schedule, what is the debate all about? If the candidates do try to understand the reason why the Sixth Schedule was incorporated in the Constitution, isn’t it a case where the debate becomes just a noise of cacophony everywhere? Have we heard any insightful or well-meaning debates as such, or is all that has been debated so far just empty rhetoric like the sounds of the cymbals?
The depth of the matter
What have the candidates discussed so far? We have heard that some even talked about development, which is fine, but is the District Council meant for development only? Do they really understand what the Sixth Schedule of the Constitution is all about? If we have not heard them debate about the Sixth Schedule, then can we expect them to discuss the debate in the Constituent Assembly? How many candidates are even aware of the debate when they discuss the need to have a provision in the Constitution to protect the tribes of Northeast India? Initially I thought that Gopinath Bordoloi was only interested in the development of Assam as we know it now. My reading of the proceedings mades me realise that the tribals of North East owe so much to this man, and he deserves our respect.
The ADC election debate
Now the campaign has already begun, but we are yet to hear candidates discussing the significance of the Autonomous District Councils in contemporary Indian democracy. Why are ADCs important for the tribals? As Jaipal Singh Munda remarked more than seventy five years ago in the debate in the constituent assembly, “The tribals have a distinct way of life. They have been isolated for centuries. They need autonomy to manage their own affairs while being part of the larger Indian framework.” Is it too much to expect the wannabe councilors who wish to contest the election to study the debate in the constituent assembly and update themselves about the important discussions that took place before the Sixth Schedule was incorporated into the Constitution?
The discussions in the Constituent Assembly regarding the need to protect the tribal communities of Northeast India were rooted in the recognition of their unique socio-cultural practices, geographical isolation, and historical marginalisation. Members of the Assembly debated these issues extensively, resulting in special provisions such as the Sixth Schedule in the Indian Constitution. These provisions were designed to safeguard tribal identities, customs, and autonomy.
Cultural diversity and concerns about exploitation
Many members highlighted the cultural distinctiveness of the tribal communities in Northeast India. They emphasised that their way of life, governance systems, and traditions were vastly different from the rest of the country. Leaders like Gopinath Bordoloi (Assam) and Jaipal Singh Munda (Jharkhand, an Adivasi leader) stressed the importance of preserving tribal cultures while integrating them into the Indian Union.
The Assembly acknowledged that tribal communities were vulnerable to exploitation, particularly in land ownership and economic matters, due to their limited interaction with mainstream systems. There was a fear that without safeguards, the influx of non-tribal into tribal areas could lead to the alienation of tribal lands, resources, and identity.
The need for administrative arrangements
The Northeast’s geographical isolation was seen as a significant factor in having the special provision. In the assembly. The members discussed how the region’s terrain and historical neglect had left the tribal areas underdeveloped and disconnected. This necessitated special provisions to ensure decentralised governance and development in the region.
Gopinath Bordoloi, who chaired the Advisory Committee on the Northeast Frontier (Assam) Tribal and Excluded Areas, advocated for an autonomous governance model. He proposed district councils to provide self-governance to the tribes while ensuring unity with the Indian state. Bordoloi and other members argued that these councils would allow tribal communities to govern themselves based on their customs and traditions.
Balancing autonomy and national integration
The Constituent Assembly faced the challenge of ensuring that the tribal regions remained integrated with India while granting sufficient autonomy to protect their identity. There was a consensus that a blanket application of uniform laws or systems might alienate tribal populations. Instead, tailored provisions like the Sixth Schedule were introduced to respect their uniqueness.
The Assembly acknowledged the need to assimilate tribal communities into the Indian polity but rejected forced assimilation. It is called assimilation without assimilation, which means integrating the tribal into the national mainstream without them having to lose their ethnic identity. Dr. B.R. Ambedkar, in particular, supported the idea of giving tribal areas special status to allow their gradual development without disrupting their traditional systems.
Outcome of the debate in the constituent assembly
The discussions culminated in the inclusion of the Sixth Schedule in the Indian Constitution, which provided for the constitution of the Autonomous District and Regional Councils. The role of the ADCs or the RCs is to protect the land rights of the tribal, their customary practices, and local governance. The debates in the Constituent Assembly reflect the nuanced understanding of the complexities of tribal life in Northeast India and India’s commitment to ensuring their protection, autonomy, and equitable development. This effort was seen as vital for the unity and integrity of the newly independent nation. The Sixth Schedule of the Indian Constitution is a special provision that provides for the administration and governance of certain tribal areas in the northeastern states of Assam, Meghalaya, Tripura, and Mizoram. It aims to protect the rights, culture, and autonomy of indigenous communities in these regions.
Key features of the Sixth Schedule
The main feature of the Sixth Schedule is the establishment of the Autonomous District Councils (ADCs) in tribal-dominated areas. These councils are semi-autonomous bodies with legislative, judicial, and executive powers over certain subjects. The ADCs can make laws related to land, forests, water, agriculture, and customs, among others, with the approval of the governor. The ADCs are constituted with each ADC consisting of up to 30 members, with a mix of elected and nominated representatives. The term of office of the ADC is that the members serve for a term of five years. The Schedule also provided a provision for the creation of the Autonomous Regions, which means that within an Autonomous District, Autonomous Regions may be created to further accommodate smaller tribal groups.
Powers of the ADCs
The ADC has legislative powers, which means that the councils can legislate on matters such as land use and management, forest resources, village administration, marriage, and inheritance. However, laws passed by the council require the Governor’s assent. The judicial powers of ADCs mean that they have the authority to establish courts to resolve disputes among tribal communities as per their customs and traditions. The executive powers of the ADCs are to oversee local governance, manage resources, and regulate the development process in their jurisdiction.
Role of the Governor
The Sixth Schedule also provides a special role for the governor in safeguarding tribal interests. To strike a balance between tribal autonomy and state oversight, members discussed granting special powers to the governor. These powers included the authority to review laws passed by tribal councils and to intervene in case of conflict. The Governor has discretionary powers over the ADCs, which include approving or disallowing laws passed by the councils. It also includes reorganising districts or regions within the Schedule’s purview and allocating additional funds or resources for development.
Purpose of the Sixth Schedule
The main objective of the ADC is to ensure special protections for tribes. These objectives include protection, ownership, and transfer of land in these areas. The aim is to ensure that such activities are regulated to prevent exploitation of tribal populations by non-tribal.
It ensures decentralised governance to empower tribal communities and preserve tribal identities, traditions, and customs. It also ensures protection of the economic and cultural rights of the tribal people within the district council.
The states covered under the Sixth Schedule are Assam (e.g., Karbi Anglong and Dima Hasao districts), Meghalaya (e.g., Khasi, Jaintia, and Garo Hills districts), Tripura, and Mizoram.
The Sixth Schedule represents India’s commitment to recognising the unique socio-cultural landscape of its northeastern tribal regions and ensuring their self-governance within the constitutional framework. The question that begs the answer is, have the ADC been able to serve the purpose that they were instituted?