What is 6th Schedule of the Indian Constitution? Everything You Need to Know

The Sixth Schedule of the Indian Constitution has been in the news recently, with discussions around its possible extension to regions like Ladakh. Tribal groups and local leaders have been highlighting its importance in protecting land, culture, and traditional practices. The ongoing debate reflects how the Sixth Schedule continues to play a key role in addressing governance and identity issues in India’s tribal and sensitive regions.

What is 6th Schedule of Indian Constitution?

In some tribal areas (presently Assam, Meghalaya, Tripura, and Mizoram), the Sixth Schedule permits Autonomous District Councils (ADCs) in accordance with Article 244 of the Indian Constitution. Local issues like property, woods, water, village administration, social customs, and minor courts are under the legislative, executive, and judicial jurisdiction of these ADCs. The goal is to give tribal groups self-governance while preserving their environment, resources, and culture.

Objectives of 6th Schedule

The following are the goals of the Indian Constitution's Sixth Schedule:

• In order to facilitate the management of tribal regions in the northeastern states of Mizoram, Tripura, Meghalaya, and Assam.

• To safeguard tribal lands and resources and to forbid their transfer to non-tribal people or groups.

• To guarantee that non-tribal populations do not take advantage of or marginalize tribal communities and that their social and cultural identities are maintained and strengthened.

Which State Comes Under 6th Schedule?

The administration of the tribal lands in the states of Assam, Meghalaya, Tripura, and Mizoram is subject to the Sixth Schedule's regulations under Article 244(2).

Assam, Meghalaya, Tripura, and Mizoram are the four states where the tribal areas are to be governed as autonomous districts.

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Governor’s Power Under 6th Schedule

• The governor has the authority to create autonomous regions within an autonomous district if it contains multiple Scheduled Tribes.

• Organizing and reorganizing the autonomous districts is within the governor's authority. Additionally, he has the authority to change the name of any autonomous district or expand or contract its borders.

• Each autonomous district will have a District Council with a maximum of 30 members, of which the governor will nominate no more than four. The remaining members will be chosen by adult voting.

Who Rules these Autonomous Districts?

• Every territory that has been established as an autonomous region will have its own Regional Council.

• Laws pertaining to certain topics, such as lands, forest management (apart from the Reserved Forest), property inheritance, etc., can be made by the District and Regional Councils.

• In that Scheduled District, these councils also have the authority to enact laws for the control and regulation of money lending and trading by anybody other than members of the Scheduled Tribe.

• All laws enacted under this clause, however, need the state governor's approval.

Judicial System in these Districts

• The District and Regional Councils have the authority to establish Village and District Council Courts to try lawsuits and disputes in which all parties are members of the district's Scheduled Tribes.

• The Governor designates which disputes and cases fall under the jurisdiction of the High Courts.

• The Council Courts, however, lack the authority to rule on matters involving crimes carrying a death sentence or a five-year or longer jail sentence.

Who Holds What Power under 6th Schedule?

• The District and Regional Councils have the authority to tax occupations, trades, animals, automobiles, and other items in addition to assessing and collecting land revenue. The Councils have the authority to provide leases or permits for the mining of minerals that fall under their purview.

• The authority to create, build, or oversee primary schools, pharmacies, marketplaces, cattle ponds, fisheries, highways, road transportation, and waterways within the districts is granted to the District Councils and Regional Councils.

• The actions of the state legislature or Parliament do not apply to autonomous districts and autonomous regions, or they do apply with certain exclusions and adjustments.

• A commission may be appointed by the governor to look into and report on any matter relating to the administration of the autonomous districts or regions.

Overall, the Sixth Schedule provides a framework for autonomy and cultural preservation in certain tribal areas of the North East. Current demands from other regions show that its relevance extends beyond its original scope. Whether or not it is expanded, the discussion highlights the continuing importance of balancing local self-governance with broader constitutional principles.

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