The Sixth Schedule: autonomous district and regional councils

Detail

1. Origins: the Bordoloi Sub-committee (1947)

• Bordoloi Sub-committee: a sub-committee of the Constituent Assembly's Advisory Committee, led by Gopinath Bordoloi. It looked at the tribal and excluded areas of Assam.
• What it found:
• The hill tribes of Assam had their own customs and laws. They also had their own working self-governing institutions, such as village councils and chiefs.
• They feared land alienation, which means their land passing to outsiders from the plains.

• They also feared their culture would be swamped by a bigger, different population.

• What it recommended: the tribes should manage their own affairs through elected district councils that could make laws and run courts.

• Result: the Sixth Schedule, which works through two articles:
• Art. 244(2): tribal areas in Assam, Meghalaya, Tripura and Mizoram are run under the Sixth Schedule.

• Art. 275(1): grants-in-aid from the Union to states for tribal welfare and for running these tribal areas.

• Sixth Schedule: the part of the Constitution that gives tribal areas in four north-eastern states their own elected councils, with powers to make laws, run courts and raise taxes. It is self-rule inside a state, not a separate state.

2. Coverage: four states, ten councils (para 20)

• Para 20 lists the "tribal areas" of each state in a table: Part I for Assam, Part II for Meghalaya, Part IIA for Tripura and Part III for Mizoram [4].

State	Autonomous district councils
Assam	Bodoland Territorial Council; Karbi Anglong Autonomous Council; Dima Hasao Autonomous Council (formerly North Cachar Hills)
Meghalaya	Khasi Hills; Jaintia Hills; Garo Hills
Tripura	Tripura Tribal Areas Autonomous District Council
Mizoram	Chakma; Lai; Mara

• The Schedule's own text still calls two of the Assam councils the "North Cachar Hills Autonomous Council" and the "Karbi Anglong Autonomous Council". The Bodoland district council is called the "Bodoland Territorial Council" [4].

3. Units and structure

• Autonomous district: a tribal area listed in para 20. It is the basic unit of self-rule.
• The Governor's powers over areas (para 1). By public notification, the Governor may:
• create a new autonomous district;
• add areas to a district or remove areas from it;
• change a district's boundaries or name;

• divide a district into autonomous regions when different Scheduled Tribes live in it [4].

• Autonomous regional council: a separate council for one distinct tribe living inside an autonomous district. It makes laws for its own region. Such councils are rare in practice. The power to divide a district into regions does not apply to the Bodoland Territorial Areas District [4].

• Autonomous district council (para 2(1)):
• It has up to 30 members.
• The Governor nominates up to 4 of them.
• The rest are elected by adult suffrage, which means every adult can vote.
• The term is five years [4].

• (NCERT, Class 12: the Karbis and Dimasas got such councils within Assam.)

• The Bodoland exception (proviso to para 2(1)). The Bodoland council has up to 46 members [4]:

• 40 are elected. Of these, 30 seats are reserved for STs, 5 for non-tribal communities and 5 are open to all.

• 6 are nominated by the Governor from communities that are not otherwise represented. At least 2 of the 6 must be women. Nominated members can vote, like elected members.

• Each council is a corporate body. This means it continues without break, has a common seal, and can sue and be sued in its own name [4].

4. Legislative powers (para 3, plus paras 3A and 3B)

• Para 3 subjects. Councils can make laws on:
• the allotment and use of land, other than reserved forests (forests the state government protects and manages directly);
• management of forests that are not reserved forests;
• use of canals and water for farming;
• jhum, which is shifting cultivation (clearing a forest patch, farming it for a few years and then moving on);
• setting up village and town committees and running them, including village police, public health and sanitation;
• appointing chiefs or headmen, and deciding who succeeds them;
• inheritance of property;
• marriage and divorce;

• social customs.

• Assent. A council law has no effect until the Governor assents to it.

• Extra powers for two Assam councils (para 3A). The Karbi Anglong and North Cachar Hills (Dima Hasao) councils can also make laws on more subjects, such as the alienation of land. Laws on Concurrent List (List III) subjects must be sent to the President, who may assent or return the law for reconsideration [4].
• Extra powers for Bodoland (para 3B). The Bodoland council has its own longer list of subjects. It starts with agriculture, including farm education and research. It can also stop a person from acquiring land in the district if that person is not eligible [4].

5. How state and central laws apply (paras 12–12B)

• Assam (para 12):
• An Act of the Assam legislature on a para 3 subject applies in a council area only if the council directs it by public notification.

• For Acts of Parliament or the state, the Governor may direct that they do not apply, or apply with changes.

• Meghalaya, Tripura and Mizoram (paras 12A, 12AA, 12B):

• Council laws on para 3 subjects carry weight against state laws.
• The Governor (for state Acts) or the President (for Acts of Parliament) may exclude an Act from the area or apply it with changes.

6. Judicial powers (paras 4–5)

• Councils can set up village councils and courts to hear suits and cases where all parties are STs living in the area.
• Cases punishable by death, transportation for life or at least five years in prison are tried only if the Governor gives special powers under the Civil Procedure Code (CPC) and the Criminal Procedure Code (CrPC) (para 5).
• The High Court has as much power over these cases as the Governor specifies.

7. Executive and financial powers (paras 6–10)

• Para 6 (executive): councils may set up and run:
• primary schools, dispensaries and markets;
• cattle pounds, ferries and fisheries;

• roads, road transport and waterways.

• Para 7 (funds): each council has its own District Fund, and a regional council has a Regional Fund.

• Para 8 (taxes): councils collect land revenue. They can also levy taxes on:
• lands and buildings;
• professions, trades, callings and employment;
• animals, vehicles and boats;
• goods entering a market for sale, and tolls on ferries;

• schools, dispensaries and roads they maintain.

• Para 9 (mineral royalties):

• The state and the council agree on the council's share of mineral royalties each year.
• If they disagree, the Governor decides in his discretion, and that decision is final.

• The Governor may order the share to be paid within one year [4].

• Para 10 (money-lending and trading): councils may make regulations to control money-lending and trading in the district. This mainly targets non-tribal traders and lenders. These regulations can:

• require a licence for money-lending;
• fix the maximum rate of interest.

• They need the Governor's assent, and para 10 does not apply to the Bodoland council [4].

• Art. 275(1), second proviso: Union grants for running Assam's tribal areas are charged on the Consolidated Fund of India. This means Parliament does not vote on them.

8. Limits and controls

• Para 14: the Governor may appoint a commission to inquire into how the areas are run, including how council funds are used.
• Para 15: the Governor may annul or suspend a council act or resolution if it is likely to endanger the safety of India or be harmful to public order.
• Para 16 (dissolution). The steps are:
• The Governor may dissolve a council on a commission's recommendation.
• The Governor may then take over the council's functions or give them to a body, usually for up to 12 months.

• The order must be laid before the state legislature.

• Para 21 (amendment): Parliament can amend the Schedule by ordinary law. This means a simple majority, as for any normal law. Para 21 says such a law is not a constitutional amendment under Art. 368.

• Parts IX and IXA (panchayats and municipalities) do not apply to Sixth Schedule areas (Arts. 243M and 243ZC). The councils take their place.
• NCERT (Class 9) says the councils have "legislative and judicial authority… to preserve tribal customs".

9. Case studies

(a) Tripura Tribal Areas Autonomous District Council (TTAADC)

• It was set up by a 1979 state Act, the Tripura Tribal Areas Autonomous District Council Act. The para 20 table still refers to this Act [4].
• The 49th Amendment Act, 1984 brought it under the Sixth Schedule.
• It covers about two-thirds of Tripura's area.
• NCERT (Class 9, Democracy): South Manubankul in Rupaichari block is a women-friendly local body inside the council area. NCERT calls it a "gram panchayat". But Part IX does not apply here, so local units are village committees under the council, not Part IX panchayats.

(b) Bodoland Territorial Council (BTC)

• It was created under the 2003 Memorandum of Settlement with Bodo groups.
• The Sixth Schedule (Amendment) Act, 2003, an Act of Parliament, gave it legal form.
• The Act also provided an Interim Executive Council of Bodo movement leaders, including those who signed the Memorandum of Settlement, until elections were held. Non-tribal communities had to be fairly represented on it [4].
• Third Bodo Accord (Memorandum of Settlement, 27 January 2020) [5]:
• It was signed by the Government of India, the Government of Assam and Bodo groups.
• Its area became the Bodoland Territorial Region with more powers.
• 1,615 cadres surrendered with their arms.
• A Bodo Kachari Welfare Council was set up for Bodos living outside the BTC area.
• A separate Directorate of Bodo Medium Schools was created.

• Assam created a Welfare of Bodoland Department to deal with Sixth Schedule councils, including the BTC.

• NCERT (Class 12): "Bodos were recently granted Autonomous Council".

(c) Karbi and Dimasa councils (Assam)

• NCERT (Class 12) gives these as examples of autonomy demands being met inside a state.
• Karbi Anglong Agreement (4 September 2021) [6]:
• It is a tripartite Memorandum of Settlement between the Union, Assam and Karbi armed groups.
• It gives more autonomy to the Karbi Anglong Autonomous Council without breaking Assam's territorial integrity.
• 1,926 cadres gave up violence.
• The Union and Assam governments gave a ₹1,000 crore special package over five years.
• Assam is to set up a Karbi Welfare Council for Karbis living outside the council area.

(d) Mizoram's Chakma, Lai and Mara councils

• They were set up in 1972, when Mizoram became a Union Territory. They are the clearest example of minority tribes getting councils inside a tribal-majority area.

10. Problems

• Money:
• Councils depend on state grants.

• The Finance Commission (Art. 280) has no duty to recommend funds for them, so the councils' social and economic infrastructure stays weak [2].

• Elections: state governments often delay council polls, and councils are then run by administrators.

• Overlap: state departments work on the same subjects, so it is unclear who is responsible.
• Audit: accounts are poorly checked.
• Non-tribal residents: they are poorly represented. Bodoland's reserved non-tribal seats are an attempt to fix this.
• Women: few women sit on the councils, and there is no general seat reservation for them.
• Old and new institutions: traditional bodies, such as Khasi dorbars (traditional village councils) and chiefs, clash with elected councils.

11. Reform: the Constitution (125th Amendment) Bill, 2019

• Status:
• Introduced in the Rajya Sabha on 6 February 2019 by Home Minister Rajnath Singh.
• Sent to a Standing Committee, which reported on 5 March 2020 [3].
• A bill introduced in the Rajya Sabha does not lapse when the Lok Sabha is dissolved.

• Unlike Sixth Schedule changes alone, it also amends Art. 280, so it needs the Art. 368 procedure.

• Main provisions [2][3]:

• The Finance Commission will recommend ways to add to a state's Consolidated Fund so it can fund District, Village and Municipal Councils in the four Sixth Schedule states.
• Elected Village Councils and Municipal Councils will be created below District Councils. Each District Council will decide how many there are and who sits on them.
• State Election Commissions will hold elections to all councils. The Governor appoints the State Election Commission.
• Each District Council will have at least two seats reserved for women.
• District Councils will get more seats and will be renamed.
• The Karbi Anglong and Dima Hasao councils will be renamed Autonomous Territorial Councils and will get more subjects.
• State Finance Commissions will be set up in Sixth Schedule states.
• The Governor may make rules to disqualify council members for defection (switching parties).

12. Fifth Schedule vs Sixth Schedule

	Fifth Schedule	Sixth Schedule
Article	244(1)	244(2), 275(1)
States	10 states with Scheduled Areas	4 states: Assam, Meghalaya, Tripura, Mizoram
Institution	Tribes Advisory Council (only advises the state)	Elected district and regional councils
Law-making	Governor's regulations for peace and good government; Governor can stop or change Acts	Council laws on para 3 subjects, with Governor's assent
Courts	None of its own	Village councils and courts (paras 4–5)
Governor's role	Wide; reports to the President every year	Creates and changes districts; annuls council acts (para 15); dissolves councils (para 16); decides royalty disputes (para 9)
Local self-rule	Part IX applied through PESA 1996	Councils; Parts IX and IXA do not apply (Arts. 243M, 243ZC)
How amended	Ordinary law (para 7)	Ordinary law (para 21)

• PESA 1996: the Panchayats (Extension to the Scheduled Areas) Act. It extends Part IX panchayats to Fifth Schedule areas only, with extra powers for the gram sabha (the village assembly). It does not cover Sixth Schedule areas.

Prelims Hooks

• The Sixth Schedule works through Arts. 244(2) and 275(1). The Fifth Schedule works through Art. 244(1).
• There are four states and ten councils: Assam 3, Meghalaya 3, Tripura 1, Mizoram 3. Nagaland, Manipur and Arunachal Pradesh are not covered. This is a common trap.
• A normal district council has up to 30 members, with up to 4 nominated by the Governor. The Bodoland council has up to 46: 40 elected and 6 nominated, of whom at least 2 must be women [4].
• Para 21: the Schedule is amended by ordinary law, which is not an amendment under Art. 368.
• Arts. 243M and 243ZC: Parts IX and IXA do not apply to Sixth Schedule areas. PESA 1996 covers Fifth Schedule areas only.
• 49th Amendment, 1984: brought the Tripura council under the Sixth Schedule.
• Para 9: the Governor decides mineral royalty disputes in his discretion, and the decision is final [4].
• Bodo Accord: 27 January 2020. Karbi Anglong Agreement: 4 September 2021 [5][6].
• 125th Amendment Bill, 2019: introduced in the Rajya Sabha. It covers Finance Commission devolution, polls by State Election Commissions and women's seats [2][3].

Mains Points

• Self-rule versus integration. The Sixth Schedule gives self-rule with real powers to make laws, run courts and raise taxes. This let tribal identity sit inside Indian federalism; the Karbi, Dimasa and Bodo settlements show how. But the Governor's controls and dependence on state money can make this autonomy hollow (paras 9, 15, 16).
• Fiscal federalism gap. Without a Finance Commission route, councils depend on state politics for money. The 125th Amendment Bill would create a constitutional channel for funds, along with State Finance Commissions. It has been pending since 2019 [2][3].
• Democratic deepening. Village and municipal councils, polls held by State Election Commissions, women's seats and an anti-defection rule would bring Part IX-style rules without applying Part IX. This must be balanced with respect for customary institutions.
• Peace accords as a tool. The 2003 and 2020 Bodo settlements and the 2021 Karbi agreement show that ordinary-law amendment under para 21 is a flexible way to settle conflicts. But ad hoc expansion creates uneven powers among councils, such as the extra lists in paras 3A and 3B, and raises the question of fairness to non-tribal residents [4][5][6].