Sixth Schedule and Autonomous District Councils (ADCs) Completely Explained

Important Questions for UPSC Prelims, Mains and Interview

  1. What is the Sixth Schedule of the Constitution?
  2. Which states are covered under the Sixth Schedule?
  3. What are Autonomous District Councils (ADCs)?
  4. What is the role of the Governor in the functioning of ADCs?
  5. How many Autonomous District Councils exist under the Sixth Schedule?
  6. What powers do Autonomous District Councils possess?
  7. How does the Sixth Schedule differ from the Fifth Schedule?
  8. What challenges do Autonomous District Councils face and what steps can improve their functioning?

Context

Elections to the Garo Hills Autonomous District Council established under the Sixth Schedule, in Meghalaya were recently postponed due to violent clashes between the Garo tribe and Bengali- speaking Muslims in the region.

Q1. What is the Sixth Schedule of the Constitution?

  1. The Sixth Schedule of the Indian Constitution provides special administrative arrangements for tribal areas in certain northeastern states through Autonomous District Councils (ADCs).
  2. These provisions aim to:
    1. protect tribal identity, customs, and traditional institutions
    2. provide self-governance to tribal communities
    3. ensure administrative autonomy within the Indian federal system
  3. Constitutional Provisions
    1. Article 244(2) – provides for administration of tribal areas through the Sixth Schedule.
    2. Article 275 – allows grants-in-aid from the Consolidated Fund of India to support development in these areas.

Q2. Which states are covered under the Sixth Schedule?

  1. The Sixth Schedule applies to four northeastern states:
    1. Assam
    2. Meghalaya
    3. Tripura
    4. Mizoram
  2. These regions receive greater administrative autonomy to safeguard tribal culture and traditional governance systems.

Q3. What are Autonomous District Councils (ADCs)?

  1. The Sixth Schedule operates through Autonomous District Councils and Regional Councils, which function as local self-governing bodies in tribal areas.
  2. Composition of ADCs
    1. Total members: 30
    2. 26 elected members (through adult franchise)
    3. 4 nominated members appointed by the Governor
    4. Term: 5 years
  3. Exception: The Bodoland Territorial Council in Assam has 46 members.

Q4. What is the role of the Governor in the functioning of ADCs?

  1. The Governor has an important supervisory role over ADCs.
  2. Major powers include:
    1. Defining or modifying boundaries of Autonomous District Councils
    2. Reviewing ADC administration through committees
    3. Dissolving councils based on committee recommendations
    4. Granting assent to laws passed by ADCs
  3. Thus, although ADCs enjoy autonomy, their decisions require approval from the Governor.

Q5. How many Autonomous District Councils exist under the Sixth Schedule?

There are 10 Autonomous District Councils in Northeast India.

  1. Assam – 3 Councils: Bodoland Territorial Council, Karbi Anglong Autonomous District Council and Dima Hasao Autonomous District Council.
  2. Meghalaya – 3 Councils: Garo Hills Autonomous District Council, Khasi Hills Autonomous District Council and Jaintia Hills Autonomous District Council.
  3. Tripura – 1 Council: Tripura Tribal Areas Autonomous District Council
  4. Mizoram – 3 Councils: Chakma Autonomous District Council, Lai Autonomous District Council and Mara Autonomous District Council.

Q6. What powers do Autonomous District Councils possess?

ADCs exercise legislative, judicial, and financial powers within their jurisdiction.

  1. Legislative Powers: ADCs hold legislative authority over land use, non-reserved forests, shifting cultivation, inheritance, marriage, divorce, and social customs, but their laws need the Governor’s approval.
  2. Judicial Powers: ADCs have judicial authority to set up village courts and councils for cases among Scheduled Tribe members, but they cannot handle offences involving the death penalty or imprisonment beyond five years, which fall under regular courts.
  3. Financial Powers: ADCs have financial authority to levy taxes on land, professions, trades, animals, and vehicles, while also receiving Union government grants under Article 275.

Q7. How does the Sixth Schedule differ from the Fifth Schedule?

Feature Fifth Schedule Sixth Schedule
1. Areas covered 10 states with tribal populations 4 northeastern states
2. Governance body Tribal Advisory Council Autonomous District Council
3. Nature of powers Mainly advisory Legislative and executive powers
4. Application of laws Central and state laws apply unless modified by Governor Central/state laws apply only if approved
5. Level of autonomy Limited autonomy Greater autonomy

Q8. What challenges do Autonomous District Councils face and what steps can improve their functioning?

Challenges Possible Solutions / Way Forward
1. Ethnic tensions and inter-community conflicts in tribal regions sometimes lead to violence and disrupt governance. Encourage inclusive dialogue, peace-building measures, and conflict resolution mechanisms among different communities.
2. Overlap of powers between State Governments and ADCs creates administrative confusion and delays in decision-making. Clearly define legislative and administrative jurisdictions between states and ADCs to avoid conflicts.
3. Limited financial autonomy restricts the ability of councils to implement development programmes effectively. Provide greater financial support and stronger revenue-raising powers to ADCs.
4. Weak institutional & administrative capacity in some councils affects governance efficiency. Strengthen institutional capacity through training, better administration, & improved governance systems.
5. Political instability and election delays sometimes affect the democratic functioning of councils. Ensure regular and transparent elections with stronger electoral management mechanisms.

Conclusion

The Sixth Schedule represents an important model of asymmetric federalism in India, providing tribal communities with a degree of self-governance while remaining within the national framework. Strengthening Autonomous District Councils is crucial for protecting tribal rights and ensuring stable governance in Northeast India.