Sixth Schedule of the Indian Constitution: Autonomy & Tribal Governance in Northeast India

The Sixth Schedule of the Indian Constitution is a pivotal legal framework designed to protect the rights of indigenous tribal communities and ensure their self-governance in specific northeastern states. It provides for the administration of tribal areas as Autonomous Districts and Autonomous Regions, granting them significant legislative, executive, and judicial autonomy. This comprehensive set of notes delves into the intricacies of the Sixth Schedule, its historical underpinnings, constitutional provisions, functioning, challenges, and contemporary relevance, making it an essential resource for UPSC aspirants, State PCS candidates, law and political science students, and academic researchers.

📚 Understanding the Sixth Schedule of the Indian Constitution: Autonomy and Tribal Governance in the Northeast

1. Introduction

The Indian Constitution, in its Tenth Part, provides for a special system of administration for certain areas designated as 'Scheduled Areas' and 'Tribal Areas' under Article 244. While the Fifth Schedule deals with the administration of Scheduled Areas and Scheduled Tribes in any state other than the states of Assam, Meghalaya, Tripura, and Mizoram, the Sixth Schedule specifically addresses the administration of tribal areas in these four northeastern states.

The primary objective of the Sixth Schedule is to safeguard the distinct cultural identity, land, resources, and social customs of the indigenous tribal communities. It aims to empower them with self-governance by establishing Autonomous District Councils (ADCs) and Regional Councils, which are endowed with certain legislative, executive, judicial, and financial powers.

2. Historical and Constitutional Background

The genesis of the Sixth Schedule lies in the unique socio-cultural and administrative challenges faced by the tribal areas of undivided Assam during British rule and post-independence.

• Pre-Constitutional Influences: The "Indian Statutory Commission, 1930" (Simon Commission) suggested the need for special constitutional arrangements in tribal areas. The Government of India Act, 1935, subsequently introduced the concept of "excluded areas" and "partially excluded areas," which were administered directly by the Governor, reflecting a policy of isolation.
• Constituent Assembly Debates and the Bordoloi Committee: Post-independence, there was a strong demand for regional autonomy from the hill tribes of North-East India. The Constituent Assembly appointed a sub-committee, led by Gopinath Bordoloi, to study and recommend administrative structures for the North-East Frontier (Assam) Tribal and Excluded Areas.
  • The Bordoloi Committee recommended the creation of District Councils in all autonomous districts of Assam to provide a degree of self-governance.
  • The committee's report emphasized the need for an administration system that would protect tribal peoples' distinct culture, customs, way of life, and judicial systems while allowing for their development.
  • These recommendations were accepted and incorporated into the Indian Constitution as Article 244(2) and Article 275(1), and the Sixth Schedule itself.
• Rationale: Dr. B.R. Ambedkar distinguished the tribal areas of Assam from other tribal areas covered by the Fifth Schedule, noting that the tribes in Assam were less assimilated with the mainstream culture. The Sixth Schedule was thus designed as a "mini-constitution" for these areas, offering greater autonomy than the Fifth Schedule.

3. Key Provisions & Articles

The Sixth Schedule is primarily associated with Article 244(2) and Article 275(1) of the Constitution.

• Article 244(2): States that the provisions of the Sixth Schedule shall apply to the administration of the tribal areas in the states of Assam, Meghalaya, Tripura, and Mizoram.
• Article 275(1): Provides for grants-in-aid from the Consolidated Fund of India to certain states for promoting the welfare of Scheduled Tribes and for raising the level of administration of the Scheduled Areas and tribal areas.

The Sixth Schedule outlines the creation and functioning of Autonomous Districts and Autonomous Regions.

• States Covered: Currently, the Sixth Schedule covers specific tribal areas in four states:

  • Assam: Bodoland Territorial Council, Karbi Anglong Autonomous Council, and Dima Hasao Autonomous District Council (formerly North Cachar Hills Autonomous Council).
  • Meghalaya: Garo Hills Autonomous District Council, Jaintia Hills Autonomous District Council, and Khasi Hills Autonomous District Council. (Note: The entire state of Meghalaya was initially under the Sixth Schedule when it was part of Assam).
  • Tripura: Tripura Tribal Areas Autonomous District Council (TTAADC).
  • Mizoram: Chakma Autonomous District Council, Lai Autonomous District Council, and Mara Autonomous District Council.

• Role of the Governor:

  • The Governor of the state has the authority to determine areas as administrative units of Autonomous Districts and Regions.
  • The Governor can create new Autonomous Districts/Regions or alter their territorial jurisdiction or names.
  • If an autonomous district has different tribes, the Governor can divide it into several autonomous regions.
  • All laws made by the ADCs require the assent of the Governor to take effect.
  • The Governor can appoint a commission to investigate and report on issues related to the management of autonomous districts or regions.

4. Institutional Framework & Functions: Autonomous District Councils (ADCs)

The core of the Sixth Schedule is the establishment of Autonomous District Councils (ADCs) and, where applicable, Regional Councils (RCs).

• Composition of ADCs:

  • Each autonomous district has an ADC, consisting of not more than 30 members.
  • Of these, not more than four are nominated by the Governor, and the rest (up to 26) are elected on the basis of adult suffrage.
  • The term of elected members is generally five years, unless the Council is dissolved earlier.

• Powers and Functions of ADCs/RCs:

  • Legislative Powers:

    • Can make laws on a range of specified subjects such as:
      • Land management (excluding reserved forests).
      • Forest management (other than reserved forests).
      • Water resources (canal water).
      • Agriculture and shifting cultivation (Jhum).
      • Establishment of village councils/courts.
      • Public health, sanitation, and village/town level policing.
      • Appointment of traditional chiefs and headmen.
      • Inheritance of property, marriage, and divorce.
      • Social customs.
      • Money lending and trading by non-tribals (requires Governor's assent).
    • Acts of Parliament or the State Legislature do not apply to these autonomous districts and regions, or apply with specified modifications and exceptions, as determined by the ADC/RC with the Governor's assent.

  • Executive Powers:

    • Administer developmental schemes and projects (e.g., local education, welfare schemes).
    • Manage local markets, roads, fisheries, and infrastructure development.
    • Control of money lending and trading by non-tribals (requires Governor's assent).

  • Judicial Powers:

    • Can constitute Village and District Council Courts for the trial of suits and cases where all parties belong to Scheduled Tribes.
    • These courts handle disputes concerning tribal customs and practices.
    • They hear appeals from village courts.
    • No other courts (except High Courts and Supreme Court) have jurisdiction over these cases, with the High Court's jurisdiction specified by the Governor.
    • However, Council Courts are not granted the power to decide cases involving offenses punishable by death or imprisonment for five years or more.

  • Financial Powers:

    • Empowered to assess and collect land revenue.
    • Impose taxes on professions, trades, callings, employment, animals, vehicles, and boats.
    • Levy taxes on the entry of goods into a market and sale therein, and tolls on passengers and goods carried on ferries.
    • Taxes for the maintenance of schools, dispensaries, or roads.
    • Collect royalties from mineral extraction within their jurisdiction.
    • Receive grants-in-aid from the Consolidated Fund of India for development.

5. Amendments & Evolution

The Sixth Schedule has undergone several amendments and has seen its application evolve with the political and administrative reorganization of the North-Eastern states.

• North-Eastern Areas (Reorganisation) Act, 1971: This act was significant in redefining the administrative landscape.
  • It led to the formation of Meghalaya as a full-fledged state, and Mizoram and Tripura as Union Territories (later full states).
  • The Schedule's heading was amended to explicitly include "the States of Assam and Meghalaya and in the Union territory of Mizoram."
  • Amendments also adjusted provisions for sharing legislative assembly powers and financial aspects between the newly formed states and their respective ADCs.
• Subsequent Amendments:
  • Amendments have focused on increasing the membership of ADCs (e.g., Karbi Anglong District Council from 30 to 50 members), and introducing provisions for Village and Municipal Councils within autonomous districts.
  • The 22nd Constitutional Amendment Act, 1969, inserted Article 244A, allowing for the creation of an 'autonomous state' within Assam, with its own legislature or Council of Ministers, accounting for more autonomous powers.
  • The Bodoland Territorial Region (BTR) in Assam was established under the Sixth Schedule through an amendment in 2003, with a Bodoland Territorial Council (BTC) having enhanced powers and a larger membership.
  • There have been proposals, such as the 125th Constitutional Amendment Bill, 2019, aimed at increasing the financial and executive powers of the 10 Autonomous Councils in the Sixth Schedule areas, and making the benefits of the 73rd and 74th constitutional amendments (Panchayati Raj and Urban Local Bodies) applicable to these areas.

6. Judicial Interpretations and Landmark Cases

While no single "Kesavananda Bharati" equivalent directly defining the basic structure with respect to the Sixth Schedule exists, various court rulings have shaped its interpretation and application:

• Extent of Legislative Powers: Courts have generally upheld the wide legislative powers of ADCs on specified subjects but have also clarified that these powers are not absolute and are subject to the assent of the Governor. Conflicts between ADC laws and state laws usually see the state enjoying superiority.
• Role of the Governor: Judicial pronouncements have affirmed the Governor's crucial role in organizing/reorganizing districts, assenting to ADC laws, and specifying the High Court's jurisdiction over council courts, emphasizing a balance between autonomy and broader constitutional governance.
• Application of Central/State Laws: Courts have recognized the unique provision that central or state acts may not apply, or may apply with modifications, to Sixth Schedule areas. This reflects the constitutional intent to allow tribal customary laws and practices to prevail where appropriate.
• Protection of Customary Laws: The judicial system generally respects the ADCs' role in administering justice based on tribal customary laws, provided they do not violate fundamental rights or other constitutional provisions.
• Financial Autonomy: Cases have often highlighted the limited financial autonomy of ADCs, with calls for greater fiscal devolution.

7. Contemporary Relevance & Criticisms

The Sixth Schedule remains highly relevant for protecting tribal rights and promoting self-governance, but it faces several challenges.

• Successes and Benefits:

  • Cultural Preservation: Helps protect tribal customs, traditions, languages, and distinct way of life.
  • Self-Governance: Provides a mechanism for local administration by indigenous communities, fostering decentralized governance.
  • Land and Resource Protection: Prohibits the transfer of tribal land to non-tribals, preventing exploitation and ensuring economic security.
  • Conflict Resolution: Offers traditional dispute resolution mechanisms through village and district courts.
  • Political Representation: Ensures political representation for tribal communities.

• Challenges and Criticisms:

  • Limited Financial Autonomy: ADCs often face insufficient allocation of funds and remain heavily dependent on state governments, hindering development.
  • Overlap and Conflict of Powers: Frequent conflicts of interest between District Councils and state legislatures exist, with the state often holding superiority. This can lead to the Sixth Schedule creating multiple power centers rather than genuine autonomy.
  • Inadequate Devolution of Power: Despite legislative powers, the actual implementation and executive control sometimes remain limited, leading to a "lack of genuine autonomy."
  • Inter-tribal Conflicts: A single ADC may represent multiple tribal communities with diverse interests, leading to internal conflicts and power struggles.
  • Corruption and Lack of Accountability: Allegations of corruption, misuse of funds, and lack of transparency have been raised, impacting effective governance and development.
  • Demographic Imbalance and Influx of Migrants: In some areas, the influx of non-tribal populations has caused demographic shifts and social tensions, challenging the Schedule's protective aims.
  • Exclusion of Certain Tribes: Some tribal communities within these states feel inadequately represented or excluded from the benefits of the Schedule.
  • Demand for Inclusion in Other Regions: Regions like Ladakh have persistently demanded inclusion under the Sixth Schedule to protect their unique environment, culture, land, and ensure political representation, especially after becoming a Union Territory without a legislature. Similarly, demands have been raised in Arunachal Pradesh and Manipur.
  • Lack of Awareness and Participation: Many tribal communities are not fully aware of the provisions of the Sixth Schedule and their rights under it.

• Way Forward:

  • Empowerment of ADCs: Strengthen ADCs with adequate financial resources, administrative powers, and trained personnel. Direct funding from the Centre to ADCs is a recurring demand.
  • Clear Demarcation of Powers: Clearly define the legislative and executive powers of ADCs vis-à-vis state legislatures to minimize conflicts.
  • Community Participation and Inclusivity: Encourage greater participation of all tribal communities, including women, in decision-making processes within ADCs.
  • Transparency and Accountability: Implement stringent financial auditing mechanisms and promote transparency in ADC functioning.
  • Codification of Customary Laws: Document and codify traditional laws to ensure clarity and consistency in justice delivery.
  • Periodic Review: Regularly review the Schedule's provisions to adapt to evolving needs and address contemporary challenges.

8. Comparative Perspective: Fifth vs. Sixth Schedule

Both Fifth and Sixth Schedules aim to protect tribal interests but differ significantly in their approach and the degree of autonomy granted.

Conceptual Visual: Structure of an Autonomous District Council (ADC)

Explanation of the Visual: This flowchart illustrates the hierarchical and functional structure of an ADC. The Governor plays a crucial role in the formation and oversight of these councils. ADCs and RCs (if formed) are the primary administrative bodies with a mixed composition of nominated and elected members. Their powers span legislative, executive, judicial, and financial domains, though all legislative acts require the Governor's assent. The unique aspect is how central and state laws apply to these autonomous areas—either with modifications or not at all, based on ADC/RC decisions and gubernatorial approval.

9. Conclusion & Summary

The Sixth Schedule stands as a testament to India's commitment to asymmetrical federalism and the protection of its diverse tribal heritage. It has largely succeeded in providing a framework for self-governance, cultural preservation, and socio-economic development tailored to the unique needs of tribal communities in the North-Eastern states. While challenges like financial dependence, conflicts of power, and issues of inclusivity persist, ongoing debates and proposed amendments (like the 125th Constitutional Amendment Bill) reflect efforts to strengthen these autonomous bodies further. The demands from regions like Ladakh highlight the continuing relevance and aspiration for similar constitutional safeguards to preserve distinct identities and ensure genuine local control over destiny. A sustained focus on empowering ADCs with greater financial autonomy, enhancing transparency, and ensuring broad-based participation is crucial for the continued success and relevance of the Sixth Schedule.

Practice Questions & Answers

To reinforce learning and test comprehension:

✅ Multiple-Choice Questions (MCQs)

1. The Sixth Schedule of the Indian Constitution contains provisions related to the administration of tribal areas in which of the following states? a) Arunachal Pradesh, Nagaland, Manipur, Sikkim b) Assam, Meghalaya, Tripura, Mizoram c) Bihar, Odisha, Madhya Pradesh, Chhattisgarh d) Himachal Pradesh, Uttarakhand, Jammu & Kashmir, Ladakh Answer: b) Assam, Meghalaya, Tripura, Mizoram.

2. Which of the following Articles of the Indian Constitution are primarily associated with the Sixth Schedule? a) Article 244(1) and Article 275(1) b) Article 244(2) and Article 275(1) c) Article 370 and Article 371 d) Article 32 and Article 226 Answer: b) Article 244(2) and Article 275(1).

3. The report of which committee led to the incorporation of the Sixth Schedule into the Indian Constitution? a) Sarkaria Commission b) Punchhi Commission c) Gopinath Bordoloi Committee d) Shah Commission Answer: c) Gopinath Bordoloi Committee.

4. Which of the following is NOT a power granted to Autonomous District Councils (ADCs) under the Sixth Schedule? a) Making laws on land management (excluding reserved forests). b) Administering primary schools and dispensaries. c) Imposing taxes on professions and trades. d) Deciding cases involving offenses punishable by death or imprisonment for five years or more. Answer: d) Deciding cases involving offenses punishable by death or imprisonment for five years or more. ADCs' judicial powers are limited in such serious criminal cases.

5. The 125th Constitutional Amendment Bill, 2019, aims to: a) Include Ladakh under the Sixth Schedule. b) Increase the membership of all ADCs to 50 members. c) Increase financial and executive powers of Autonomous Councils and make 73rd/74th Amendment benefits applicable to Sixth Schedule areas. d) Convert all Autonomous Regions into Autonomous Districts. Answer: c) Increase financial and executive powers of Autonomous Councils and make 73rd/74th Amendment benefits applicable to Sixth Schedule areas.

🔍 Scenario-Based Questions

1. Scenario: The State Legislature of Meghalaya passes a new law regarding the sale of forest produce. However, the Garo Hills Autonomous District Council (GHADC) argues that this law infringes upon its legislative powers under the Sixth Schedule concerning forest management (other than reserved forests).
   • Question: What is the typical constitutional position in such a conflict of interest between a State Legislature and an Autonomous District Council under the Sixth Schedule?
   • Answer Explanation: In case of a conflict between the District Councils and the State Legislature, the state generally enjoys superiority, particularly when the subject matter is not exclusively within the legislative domain of the ADC or when the state law has received the Governor's assent and the ADC's law is seen as inconsistent. While ADCs have powers over "forest management" (excluding reserved forests), if a state law pertains to broader economic or regulatory aspects of forest produce sale that affect the entire state and has proper constitutional backing, it might prevail. The Governor's assent is crucial for ADC laws, and the Governor would likely consider the state law. The matter could also be subject to judicial review to determine the extent of each body's jurisdiction.

🔄 Match-the-following Exercise

Match the State with its Autonomous District Councils (ADCs) mentioned under the Sixth Schedule:

Answer:

1. Assam - D. (Bodoland Territorial Council, Karbi Anglong, Dima Hasao)
2. Meghalaya - C. (Garo Hills, Khasi Hills, Jaintia Hills Autonomous District Councils)
3. Tripura - A. (Tripura Tribal Areas Autonomous District Council)
4. Mizoram - B. (Chakma, Lai, Mara Autonomous District Councils)

Recommended Books

You can explore these highly recommended resources for a deeper understanding.

• Indian Polity (English) by M Laxmikanth for UPSC CSE 2025 | 7th edition (latest) | Civil Services Exam - Prelims, Mains and Interview | State PSCs exams/ PCS exams - by M Laxmikanth
• Oswaal NCERT One For All Book for UPSC & State PSCs | Indian Polity Classes 6-12 - by Oswaal Editorial Board
• Bharat Ki Rajvyavastha (भारत की राजव्यवस्था) - M Laxmikanth for UPSC CSE