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CONCEPT – SIXTH SCHEDULE OF INDIAN CONSTITUTION
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- Sixth Schedule : The Sixth Schedule of the Indian Constitution deals with “Administration of north east states - Assam,Meghalaya,Tripura and Mizoram.
- Govt. of India Act, 1935 : Under the Govt. of India Act, 1935, the hill areas of Assam were divided into two categories - Excluded and Partially Excluded Areas. The Lushai Hills (now Mizoram) the Naga Hills and the North Cachar Hills were under the excluded areas, over which the provincial ministry had no jurisdiction. Expenditure incurred in these hill areas was also not voted by the provincial legislature because there were no representatives from these hill districts. Not only this, even no federal or provincial legislation extended to the districts automatically. The Khasi and Jaintia Hills, the Garo Hills, and the Mikir Hills were partially excluded areas.
- Representation in Assam Assembly : These districts had five representatives in the Assam Legislative Assembly but in the Garo Hills and the Mikir Hills, the franchise was limited to the traditional village headmen. Briefly, these areas were administered by the state government subject to the special powers of the Governor. This, in fact, did not change the administrative machinery of the districts. In effect the 1935 Constitution did not afford local self government or political autonomy to the hill tribes of the excluded and partially excluded areas to manage their local affairs according to their own genius and ability. No political activities of any kind in these districts were permitted. There was also no political entity, which could voice the people’s aspirations and grievances. The British Superintendent and the local chiefs in most of the districts of the excluded areas used to rule the people as virtual dictators.
- After Independence : Tthere were demands for regional autonomy and better status within the constitutional framework from the tribes of the hill areas of Assam. The Interim Government of India in 1947 was sensitive to the political aspirations of the tribal people of the hill areas of Assam in the background of assurances given by the outgoing British rulers. In order to ensure their participation in decision making and management of the affairs and safeguarding tribal interests, the government appointed a Sub-Committee of the Constituent Assembly – the North-East Frontier (Assam) Tribal and Excluded Areas Committee – under the Chairmanship of Gopinath Bardoloi, Chief Minister of Assam. The Bardoloi Committee made an on the spot study of the demands and aspirations of the hill tribes and submitted its recommendations for a simple and inexpensive set-up (District Councils) of the tribal areas, which were later accepted and incorporated into the Article 244 (2) of the Sixth Schedule of the Indian Constitution.
- Bordoloi Committee : It made provision for Regional Council for the tribes other than the main tribe. This scheme sought to build up autonomous administration (District Councils and the Regional Council) in the hill areas of Assam (United Khasi-Jaintia Hills District, Garo Hills District, Lushai Hills District, Naga Hills District, North Cachar Hills District, and Mikir Hills District) so that the tribal people could preserve their traditional way of life, and safeguard their customs, and cultures. The Committee also recommended the abolition of the excluded and the partially excluded areas and representation of the hills districts in the legislative Assembly on the basis of adult franchise. It expected the state and the central governments to help the tribals in securing the benefits of a democratic, progressive and liberal constitution of the country.
- Later : After the Indian Constitution was brought into force, the Government set up an Interim Tribal Advisory Council in each hill district and also desired the participation of the tribal representatives in the administration of the areas, even during the interim period pending the formation of the District Councils. The councils had no statutory basis and the councils used to advise the District Superintendent/Deputy Commissioners on various administrative problems and development schemes of the district. So it was really a training ground for the hill tribes in self governance. Under paragraph 2 of the Sixth Schedule to the Indian Constitution, the Government of Assam farmed the Assam Autonomous District (Constitution of District Councils) Rules 1951 and the Pawi-Lakher ( Constitution of Regional Councils) Rules, 1952 for the autonomous region in the Lushai Hills District. Accordingly, the District Councils and the Regional Councils were constituted in 1952 and 1953 respectively.
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