5 March 2025 : Daily Answer Writing

MAINS MODEL QUESTION: 05th MARCH 2025

Q1) The Sixth Schedule of the Indian Constitution is more than a legal  provision that empowers tribal regions with self-rule. How does the Sixth Schedule foster development while respecting their traditional governance systems and cultural practices? (10 marks, 150 words)

ANSWER

The Sixth Schedule under Article 244 of the Constitution provides for establishment and administration of Assam, Meghalaya, Tripura and Mizoram. It provides for the establishment of Autonomous Districts which are to be administered by ADCs or Autonomous District Councils.

SIXTH SCHEDULE PROVIDES TRIBAL REGIONS WITH SELF-RULE

The Scheduled Areas of Assam, Meghalaya, Tripura and Mizoram are divided into Autonomous Districts which shall be administered by Autonomous District Councils. If more than one Schedule Tribes (STs) are there in Autonomous Districts, these Districts can be further divided into Autonomous Regions by the Governor to be administered by Regional Councils.

1. The Autonomous District Councils and Regional Councils consist of members from the Scheduled Tribes residing in the respective Autonomous Districts and Autonomous Regions.
2. The Autonomous District Councils and Regional Councils in their respective

areas have the power to make laws for:

(a) the allotment, occupation, use and setting apart of land other

than reserved forests for the purposes of agriculture or grazing

or for residential or other non-agricultural purposes;

(b) the management of any forest not being a reserved forest;

(c) the use of any canal or water-course for the purpose of agriculture;

(d) the regulation of the practice of jhum or other forms of shifting cultivation;

(e) the establishment of village or town committees or councils and their

powers;

(f) any other matter relating to village or town administration, including

village or town police and public health and sanitation;

(g) the appointment or succession of Chiefs or Headmen;

(h) the inheritance of property;

(i) marriage and divorce;

(j) social customs.

3. The ADCs and Regional Councils may constitute Courts for the trial of suits and cases between the parties all of whom belong to Scheduled Tribes within such areas.
4. The ADCs may establish, construct, or manage primary schools, dispensaries,

markets, cattle pounds, ferries, fisheries, roads, road transport and waterways

in the District.

5. The ADCs and Regional Councils have the power to assess and collect  land revenue and to impose taxes.
6. The ADCs may make regulations for the regulation and control of money-lending or trading within the District by persons other than Scheduled Tribes.
7. The Acts of Parliament or the State Legislatures do not apply to the Autonomous Districts and Autonomous Regions or apply with such modifications and exceptions as provided by the Governor.

SIXTH SCHEDULE FOSTERS DEVELOPMENT WHILE RESPECTING THE TRADITIONAL GOVERNANCE SYSTEMS AND CULTURAL PRACTICES

1. Democratic Devolution of Powers: Sixth Schedule allows the ADCs to frame laws, rules and regulations in matters related to land, forest, water, agriculture, village councils, health, sanitation, policing, inheritance, marriage and divorce, social customs, etc. In addition the Acts of State Legislature and Parliament do not apply directly to the Scheduled Areas. This allows a participatory approach to development where the STs living in the area are involved in law making, allowing them to foster developmental process while giving due respect to the traditional practices.
2. Protection to Tribal Rights: Section 3 of the Sixth Schedule allows the ADCs to protect the tribal rights related to land while Section 10 regulates the control of money lending. In this manner, the rights of the STs are protected.

However, the provisions also allow the Government to acquire land for public purposes which provides enough space for the Government to provide for a development-led approach to these areas.

3. Human Resource Development: The Sixth Schedule also provides for provisions related to sanitation, health and education which has direct bearing on the human resources. For example, under Sixth Schedules, the ADCs are empowered to establish primary schools.

However, the provisions require the ADCs to be involved in such decisions which give due protection to the cultural values of the tribes. For example, the language to be used in such primary schools is to be decided by the ADCs. Similarly, traditional health practices and traditional health systems are integrated by ADCs into modern medicines in such areas.

4. Governor: The constitutional position of Governor with respect to the Sixth Schedule is very important as it acts as a balance between the incorporation of Government-led governance and respecting of the traditional governance systems and cultural practices. The Governor has the power to define Autonomous areas, composition of ADCs and modify the Acts of the Parliament and the State Legislature to suit the cultural practices of the STs residing in the area.
5. Land Revenue: ADCs are empowered to collect and assess land revenue, empowering them financially to take developmental projects while ensuring their cultural and traditional practices are not disregarded.

The Sixth Schedule has served as an important vehicle driving the integration  of tribal communities into national and state-level governance. By granting legislative, administrative, and judicial powers to autonomous councils, the Sixth Schedule fosters development tailored to the unique needs and strengths of tribal communities.

Read more- MAINS MODEL QUESTION: 03rd March 2025