Demand for 6th Schedule Status: Arunachal Pradesh

The recent revival of the demand for two autonomous councils in Arunachal Pradesh has led to the call for bringing the entire Arunachal Pradesh under the ambit of the 6th Schedule or Article 371 (A) of the Constitution.

What is the issue?

• The regions under the Autonomous councils of Arunachal Pradesh are currently under the Fifth Schedule of Indian Constitution.
• This does not provide special rights for the indigenous communities as that of the Sixth Schedule of the Indian Constitution.
• The autonomous councils in the sates are demanding to include Arunachal under the sixth schedule, to make the Arunachalees the owners of Natural resources rather than being protectors. Also, the Sixth Schedule will enable legitimate ownership making the indigenous communities self sufficient.

Sixth Schedule

The Sixth Schedule includes 10 autonomous district councils in 4 north eastern states. They are Assam, Mizoram, Meghalaya and Tripura. It seeks to safeguard the rights of the tribal population by forming Autonomous District Councils.

The Article 244 and Article 275 provide these special provisions.

Key provisions:

• The governor is empowered to organise and re-organise the autonomous districts.If there are different tribes in an autonomous district, the governor can divide the district into several autonomous regions.
• Composition: Each autonomous district has a district council consisting of 30 members, of whom four are nominated by the governor and the remaining 26 are elected on the basis of adult franchise.
• Term: The elected members hold office for a term of five years (unless the council is dissolved earlier) and nominated members hold office during the pleasure of the governor.
• Each autonomous region also has a separate regional council.
• Powers of councils: The district and regional councils administer the areas under their jurisdiction. They can make laws on certain specified matters like land, forests, canal water, shifting cultivation, village administration, inheritance of property, marriage and divorce, social customs and so on. But all such laws require the assent of the governor.
• Village councils: The district and regional councils within their territorial jurisdictions can constitute village councils or courts for trial of suits and cases between the tribes. They hear appeals from them. The jurisdiction of high court over these suits and cases is specified by the governor.
• Powers and functions: The district council can establish, construct or manage primary schools, dispensaries, markets, ferries, fisheries, roads and so on in the district. It can also make regulations for the control of money lending and trading by non-tribals. But, such regulations require the assent of the governor. The district and regional councils are empowered to assess and collect land revenue and to impose certain specified taxes.

Composition of Autonomous Councils:

• Each autonomous district and regional council consists of not more than 30 members, of which four are nominated by the governor and the rest via elections. All of them remain in power for a term of five years.
• However, the Bodoland Territorial Council is an exception as it can constitute up to 46 members.

Article 371 A:

The Acts of Parliament relating to the following matters would not apply to Nagaland unless decided by the State Legislative Assembly:

• Religious or social practices of the Nagas.
• Naga customary law and procedure.
• Administration of civil and criminal justice involving decisions according to Naga customary law.
• Ownership and transfer of land and its resources.

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