After Indian Independence, there was a demand
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 on study 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. The Bardoloi Committee also 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. 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. Since After the Indian Constitution was
came 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. After the Mizo Hills
was elevated to the status of the Union Territory of Mizoram in accordance with
the North-Eastern Areas (Re-organisation) Act, 1971 the Mizo District Council
was abolished in 1972. The Pawi-Lakher Regional Council which was constituted
for the Pawis, the Lakhers and the Chakmas, was also trifurcated into three
District Councils) in 1972 under the provisions of the said Act. The Government
of Manipur as per the provisions of the Manipur (Hill Areas) District Councils
Act, 1971 passed by the Parliament also constituted six Autonomous District
Councils for the tribal people for the hill areas of Manipur. These councils
were outside the purview of the Sixth Schedule. Presently the North-East India
has, fifteen District Councils – two in Assam, three in Meghalaya, three in
Mizoram, one in Tripura and six in Manipur. Here, it is interesting to note
that the Nagas, for whom the Sixth Schedule was mainly provided have no
autonomous District Councils of their own till date. Territorial Composition of
District Councils The Sixth Schedule to the Constitution empowers the Governor
to determine the administrative areas of the councils.
He is also authorized to create a new autonomous
district, increase or diminish the area of any existing district, increase or
diminish the area of any existing District Councils, unite two or more
autonomous districts or parts thereof so as to form one autonomous district,
define the boundaries of any district and alter the name of any autonomous
district. But such changes in the territorial composition of the autonomous
District Councils can be only brought about by the Governor on the report of
the Commission appointed for the purpose the paragraph (1) of paragraph 14 of
the Sixth Schedule. The Governor of Manipur before issuing such, order, has to
consult the Hill Areas Committee. The Administrative areas of the District
Councils, however, differ from place to place. For instance, the District
Councils in Assam and Meghalaya have been constituted at the district level
whereas in Mizoram, the District Councils have been created at both the
district and subdivisional levels.
Composition of District Councils and regional
Councils:
Each
District Councils or regional Council provided under the Sixth Schedule is a
corporate body by name of District Council or Regional Council of (Name of the
District or name of the Region) having perpetual succession and a common seal
with the right to sue and be sued. The Councils consists of thirty members, 26
are elected from the single member constituencies on the basis of adult
franchise and not more than four persons are nominated by the Governor on the
advice of the Chief Executive Member for a term of five years. They are known
as MDC (Member of the District Council). The nominated members-normally
represent the minorities and unrepresented communi-ties and hold office at the
pleasure of the governor. The number of constituencies in each District
Councils vary from one another depending on the number of elective seats
provided for each council. The term of District Councils is five years. The
Governor may extend the term for a period not exceeding one year at a time,
during the national emergency or in event of impossibility of holding of
elections. There is a provision of Chairman and Deputy Chairman in the District
Councils who normally preside over the Council sessions. The Chairman and
Deputy Chairman are elected by the elected members of the District Councils.
The meeting to elect Chairman is presided over either by the Deputy
Commissioner or any officer authorised by the Governor. The election is by a
simple majority. Those members, who are elected as Chairman and Deputy Chairman
need stay in the office at the pleasure and confidence of the District Council.
But the rules provide that they may, at any time, resign in writing. They can
be removed at any time by a resolution of the Council as provided in the rules.
Functionally, the Chairman and the Deputy Chairman act like the Speaker and the
Deputy Speaker of a legislature. The Chairman calls for the meeting of the
District Council, presides over the Council in session and regulates the
proceedings of the Council. His decision to the conduct of meeting is final. He
also admits questions and motions and allows time for the discussion of
business. He has a casting vote in case of a tie. In the absence of the
Chairman, the Deputy Chairman performs duties. The Chairman is assisted by the
Secretary to the Council, who is normally deputed from the state government.
Executive
Committee:
The rules
enacted under the Sixth Schedule provide for an Executive Committee (EC) of the
District Council to carry on its executive functions. The EC consists of the
Chief Executive Members and two other member. The Chief Executive Member (CEM)
is elected by the elected members of the District Council. The two other
members of the Executive Committee from among the members of the District
Council are appointed by the Governor on the recommendation of the Chief
Executive Member. The Executive Committee performs all executive functions of
the Council. The Members of the Executive Committee are known as the Executive
Members (EM) and the leader is known as the Chief Executive Member (CEM). It is
just on the lines of a cabinet system in parliamentary democracy. The District
Council is like a miniature government at the district level. There is also a
Secretary to the EC appointed by the CEM who is not a member of the District
Council. The Chief Executive Member must be elected by the District Council
within 48 hours from the date of the removal of the existing committee. If the
District Council fails to elect the chief executive member within the fixed
period, the Governor may appoint any member of the District Council to be the
CEM. As regards the functions of the Executive Committee, it disposes of all
matters falling within its purview. It makes regulations, rules and laws and
all appointments with the approval of the District Council. The CEM allocates
certain subjects to each executive member to look after; one of them is made
in-charge of the district fund or financial affairs of the District Council. It
also prepares the budget of the District Councils and gets it passed. The EC
is, thus, collectively responsible for all executive orders and policies issued
in the name of the District Councils as well as for the implementation of all
development schemes in the autonomous district areas. This also implies that
when the CEM resigns, the executive committee stands dissolved automatically.
It is clear from the provisions of the Sixth Schedule that the civil
administration of the autonomous districts is placed with the two authorities
viz. Deputy Commissioner representing the state Government and the Executive
Committee of the District Councils. The Sixth Schedule has, thus, created two
sets of authorities with consequent anomalies overlaps and confusion.
Legislative functions:
The
District Councils have powers to make laws for allotment, occupation, use of
land, other than reserved forests for purposes of agriculture, grazing and
other residential and non-residential purposes; management of unreserved
forests, use of water courses and canals for agriculture purpose, regulation of
shifting cultivation, establishment of village councils and town committees,
administration of village policy, public health and sanitation, appointment and
succession of chiefs or headmen, inheritance of property, marriage, divorce and
social customs, money lending and trading by non-tribals within the autonomous
districts. The Governor has power to alter laws or rules passed by the District
Councils, which are in violation of the provisions of the Sixth Schedule. The
Sixth Schedule, thus makes the Governor the head of the Autonomous District
Council.
Executive Functions:
The
District Council has the executive powers to construct or manage primary
schools, dispensaries, markets, cattle pounds, ferries, fisheries, roads and
waterways. It also prescribes the medium of instruction and manner of education
in primary schools within its jurisdiction. The District Council has no
legislative or regulatory power over the latter subjects. Judicial Functions
Para 4 of the Sixth Schedule entitles the Council to constitute Village and
District Council Courts in the autonomous areas to adjudicate or try cases or
customary laws in which both the parties are tribals. But no case involving
offences punishable by death, transportation of life or imprisonment for not
less than five years are heard or adjudicated by these courts.
The
District Council Court and the Regional Council Court are courts of appeal in
respect of all suits and cases tried by the Village Council Courts and the
Subordinate District Council Courts. No other court except the High Court and
the Supreme Court of India have jurisdiction over suits and cases decided by
the Council Courts.
Financial
Functions:
The
District and the Regional Councils are responsibility for framing rules for the
management of finances with the approval of the Governor. They are also given
mutually exclusive powers to collect land revenues, levy and collect taxes on
lands, holdings, shops, entry of goods into market and tolls etc within their
respective jurisdictions. But the District Council has the concurrent power on
the professions, trade, callings, employments, animals, vehicles and huts,
tolls on passengers, and goods carried in ferries and maintenance of schools,
dispensaries or roads. Under para 9 of the Sixth Schedule, the royalty on the
licenses or leases for the extraction of minerals in the autonomous districts
goes to the District Council. As regards the tax on motor vehicles, it is
assigned and collected by the State Government on behalf of the District
Council. Grants-in-aid, loans and advances etc from the state government,
constitute other sources of income of the Councils.
The District Councils enjoy autonomy and the Acts
of the Parliament and the State legislatures on the subject under them do not
normally apply to the autonomous districts. They may be extended there with
such exceptions and modifications as are considered necessary by the District
Regional Council concerned.
Working
of the District Councils:
The
District councils have elaborate functions/ powers in the legislative,
executive, judicial and financial domains. These powers are expected to uplift
the tribal communities in the domains of primary education, health, culture,
social customs, social welfare, forest, land, agriculture, water management,
village administration, economic and rural development. However, in practice
the performances of the District Councils, have not come upto expectations.
Result is that the District Councils have come under severe criticism. Besides
the political and functional deficiencies, some provisions of the Sixth
Schedule also contribute to the unsatisfactory performance of the Councils. For
example the power of nomination is frequently abused for narrow party gains. The
concerned Ministers often recommend persons for nomination on political
considerations. It is the Minister and not the Governor that nominates persons.
At times nominations have been used to reverse the majority in Council to
minority. In many District Council areas, ethnic minorities; hardly find any
representation in the Councils either by election or by nomination an violation
of the provisions of the Sixth Schedule.
Some
District Councils have failed to set up courts at village and other levels. The
Karbi Anglong District Council could not create judiciary because of reluctance
of the State Government to release fund.
Most of
the courts at the District Councils level manned by reject politicians or
people without any judicial background or training. No wonder the judicial
performance of these Courts leaves much to be desired. Many District Councils
have not yet codified all customary laws in the autonomous districts. Customary
laws are hardly observed. Despite the service rules framed by the Councils, the
staffing has no relevance to the necessity. Qualification is no criteria and
considerations of political patronage, nepotism and favouritism in the matter
of recruitment are rampant in the District Councils. It also adversely impinges
on financial resources of the Councils. Under paragraph 7 of the sixth
Schedule, the District Councils have powers to make rules for the District
Councils’ finances, taxes etc. The member in-charge of the finance is
responsible for the management and control of funds. However, various financial
irregularities committed by the councils are conspicuous. The grants-in-aid are
misused by diverting under different heads, particularly in non-plan
expenditure. Even the basic rules of financial propriety are not observed. Due
to overstaffing the establishment expenses, on unproductive trained etc. is
unduly heavy Most of the Councils are unable to balance their budgets and often
overspend. Mismanagement of public funds was widespread before 1969, when the
system of audit by the auditor and comptroller General was introduced. However
even system of audit has failed to control extravagances mainly because under
sub- paragraph 2 of paragraph 7, the Governor i.e. the State Government has not
made rules for the management of the District Council’s fund. There is need to
include in this sub-paragraph a provision that till such time, the Rules are
framed rules, framed by the Comptroller and Auditor General, shall apply. A
provision need also be made that the accounts of the District Councils can also
be audited by the State Government audit agencies.
Another reason for the inadequate performance of
the Councils is their dependence on State Governments for financial grants and
allotments. However, the District Council has power to levy and collect taxes
on profession, trade, callings and employments, animals, vehicles and boats,
even within the jurisdiction of the Regional Council (The Regional Council has
no such power). The income from such taxes collected from the areas of the
Regional Council goes to the District Councils which is unfair. The District
Councils neither enforce the tax regulations strictly nor realises the amount
efficiently, resulting in meagre tax returns. Generally no attempt is made by
the District Council to raise its revenues by exploiting the financial
resources available to them. One of the sources of finance of the District
Councils is the share of royalty accruing each year from licenses and leases
for the purpose of prospecting for or extraction of minerals granted by the
State Government in respect of any area within the District Council. The
proceeds from such taxes are shared by the District Council and the State
Government in certain agreed ratio. But the District Councils often allege that
the share of royalty is not paid to the concerned District Councils regularly
by the State Government. Therefore, it is suggested that this power should be
given to the councils by amending the sub-paragraph 3 of paragraph 8 of the
Sixth Schedule.
Similarly the regional Council has no share in the
royalties from licences or leases granted by the State Government for the
extraction of minerals within its areas and the proceeds from such taxes are
shared by the District Councils and the State Government in certain agreed
ratio. This is, no, doubt, unjust and against the norm of economic autonomy or
justice. This needs rectification to enable the Regional Council to share such
income.Another major source of income of the District
Council is g rants-in-aid, it is entitled to under Article 275 of the
Constitution of India. The grants to the District Councils are released by
State Governments. The State Government, as alleged by the leaders of the
District Councils, delay releasing funds to the Councils and such delays are,
sometimes, based on political considerations with affecting the normal
functioning of the councils. So provision in the Sixth Schedule is required to
make it obligatory on the part of the State Government to release the funds
within a specified period to the District Councils. The Councils should also
submit the utilization certificates of the released grants/ accounts to the
State Government timely failing which the release of funds should be withheld.
The mobilisation of available resources by the District Councils is not
satisfactory and they tend to depend on the grants-in-aid from the Central
Govt.
The District Councils are empowered to establish,
construct and manage primary schools and also prescribe their medium of
instructions. Despite these, the rate of literacy among the tribesmen of the
District Councils (Karbi- Anglong, North Cachar Hills and Kamala Nagar
(Headquarters of Chakma District Council) is low and discouraging. There are
many unqualified lower primary school teachers in the most councils. The standard
of lower primary education is deterioting day by day. The working of the
District Councils in increasing literacy among the poor tribesmen of these
areas is very marginal and not upto mark. The District Council manages primary
education and also prescribes a medium of instruction within the jurisdiction
of the regional council, which has no power to impart primary education,
depriving the minor tribes of the regional Council areas freedom to read and
write in their own dialects and languages. Infact, one of the major grievances of the Pawis,
the Lakhers and the Chakmas of the Pawi-Lakher Regional Council against the
Mizo District Council was on this issue, which, in the long run, compelled
these minor tribes to demand separate district councils of their own. The
provisions of the Sixth Schedule suffer from certain short-comings and defects.
There is no provision for coordination of the activities of the District
Council, the Regional Council and the State Government. The State has no power
to review and assess the working of these councils except to approve their
legislations by the Governor and to sanction loans and grants for development
schemes. As a result, the councils do not surrender the unspent balances of the
grants to the State Government. They transfer the amounts for other purposes
without proper sanction.
Besides lacking expert inputs in developmental
matters the leaders of the District Councils do not take interest in plan
formulation, schemes and its monitoring at the micro level effect. The Councils
have failed to uplift the poor masses. They are unable to play any significant
role in strengthening the planning process at the micro level. As a
consequence, the councils have neither been able to do anything of standard in
the interest of hill masses nor to involve the poor tribes in development
activities either as beneficiaries or as decision makers on any significant
scale. In fact, it is shown that the councils have harmed interests of the poor
tribes. Within the councils, over a period of time, due to large development
funds available, a nexus has emerged between the neo-rich middle class or
classes or rich traders, contractors, bureaucrats and educated, who have
emerged from within the tribal society of north east India. This emerging socio-economic
power structure in the tribal areas does not allow the benefits of the sixth
Schedule to flow down to the weaker section of the tribes. The elected members
in councils and the office-bearers, who are normally from the elite group of
tribal society, have vested interests in preserving the exploitative structure
and have created a class which has cornered all the privileges.
They have underminded the purpose of the Sixth
Schedule to build a democratic edifice for the Councils. The Sixth Schedule has
become an alibi for social freeze serving the few at the cost of majority. It
is clear that the power structure, which exists today in our tribal areas, is
likely to exploit the poor with or without Fifth and sixth Schedules.
If the benefits of the Sixth Schedule have to flow
to the poor and if the poor are to be empowered democratically, it is necessary
that their position is strengthened by efficient public distribution system
(seed banks, grain banks and social security measures), right to work to the tribesmen
so as to ensure them minimum employment and incomes to live on, redistribution
of assets in favour of the poor by implementing land reforms, and encouraging
the role of development bureaucracy and voluntary agencies in rural
development. It is further suggested to get the tribesmen of the Sixth Schedule
areas involved in development decision-making and implementing process/ powers
by extending the provisions of the Constitutional (Seventy Third and Fourth)
Amendment Acts, 1992 relating to Panchayats and Municipalities to both the
rural and the urban areas of the District Councils. In
1952, the members of the Districts Councils were not allowed to be members of
the Legislative Assemblies or Parliament because of holding an office of profit
and that the State and the Central Governments had financial interests in the
District Councils. But the District Councils persuaded the
Ministry of Home Affairs to remove the restriction so that they (especially
CEMs and EMs) should become the members of the State Legislative Assembly to
develop a better/smooth relations/understanding between the State Government
and the District Councils. The People’s Representation Act was amended
accordingly. This practice has tended to extend the State politics to the
Councils and partisanships discriminations based on party affiliations. The
Sixth Schedule and the rules made there underlay down that no person shall be a
member of the two District Councils. Similarly, no
person should be a member of the two legislative bodies – District Council and
the State legislature as it encourages concentration of power in hands of few.
Land management is another weak link of the Councils. The District Councils are
empowered to make laws with respect to allotment, occupation or use of land and
jhuming to promote the interests of the tribesmen of any village or town. Since
the land matters concern the jurisdiction of the District Councils, the land
reforms also lie with the councils. The District Councils, briefly, carry on
land administration as per customs and traditions of the tribesmen of the Sixth
Scheduled areas. The Sixth scheduled prohibits the transfer of land from a
tribal to non-tribal. Most of the District Councils have not yet made laws
regarding the land holding system in their respective jurisdictions. The basic
structure of the customary or traditional system of land tenure remains the
same. The District Councils have not been able to protect the common lands or
to codify customary system of land tenure and any of other social customs.
Where individual ownership of land is recognised, no land reform measures have
been initiated. There is no cadastral survey carried out yet. The protection
provided by the Inner Line Regulation and the Sixth Scheduled have been used to
generate a process of progressive concentration of vast landed property in the
form of private ownership in the hands of the emerging local middle class or a
small group of well-off tribals. It is aggravating the situation of rural
poverty by pushing an increasingly larger section of the real poor, to the
margins of landless peasants, farm/ agricultural labourers and share croppers.
The emergence of private ownership in land leads to exploitative relations in
land use and management and thereby perpetuates the existing disparities of
wealth and land alienation among the extremely poor tribals. This will
certainly disturb social harmony. However, if the situation is to be improved
even in a modest way, codification of tribal rights in lands, enactment of
laws/regulations concerning the existing land holding system, land reforms and
cadastral survey will have to be initiated/ implemented effectively as measures
of social justice and equity. The tribal land system is more static than
dynamic. Rivalry between the State and District Councils also at times presents
change. So it is suggested to get the provisions of the Sixth Schedule to
enable the Governor to exercise these powers himself, if he is convinced that
the council has failed to carry out its tasks as per the provisions of the
Sixth Schedule. The District Councils with measure of stability used to
function till the early seventies. Thereafter, both political instability and
defections have seriously affected the Councils. It is suggested to amend
paragraph 16 of the sixth Schedule to empower the governor to dissolve such
Councils. It may be further added that keeping in view the political
opportunism displayed by the members of the District Councils in the recent
past, anti-defection legislation appears useful.
A suitable
amendment may empower the Councils to do something positive in this regard. The
Sixth Schedule lays down that no law passed by the Parliament or the State
legislature on the matters within the purview of the district is applicable
unless the District Council extends its application. Paras
3 (1) 8 and 10 of the Schedule- confer powers on the District Councils to
legislate on the subjects enshrined in the Sixth Schedule. But a change has
been made in case of Meghalaya and Mizoram by inserting para 12-B in the Sixth
Schedule, which gives an overriding character to the acts passed by the State
Legislatures. This provision empowers the State government to control the
District Councils and takes away all powers conferred on the Councils by para 3
(1), 8, 10. Here the Sixth Schedule seems to be
self-contradictory to that extent and also against its being a Constitution
within the Constitution of India. This needs to be removed by a proper
amendment of the said para 12-B as in para 12. The constitutional (Amendment
Act) of 1988 has inserted paragraph 20B (B) in the Sixth Schedule enabling the
Governor to exercise discretionary powers to carry out of his functions. But
the provision makes it mandatory for the Governor to consult the Council of
Ministers. He may thus be influenced by the former in the discharge of his
discretionary powers. This needs to be amended in order to safeguard the
autonomy of ADC’s. It is often experienced that some of the functionaries of
the District Councils discharge their powers and functions more or less
arbitrarily. They also violate acts, rules and regulations for their selfish
interests and for the party interests. They also indulge in favouritism and
nepotism. They also misuse financial powers and divert funds arbitrarily by
violating procedures, rules and regulations, integrating the Sixth Schedule
areas economically with the rest of the country. The customary system of land
tenure and other protective land regulations to enable to the plains private
capital/investors/ entrepreneurs to acquire land for the purpose of economic
development or for investment on any other public purpose may be codified,
modified/ liberalised.
With the existence of Autonomous District Councils
and the State Governments, the thrust seems to be more on legislation rather
than codification. Legislations, no doubt, provide a uniformity in the
traditional system rather than codifying the customary laws that vary from
tribes to tribes. It may be further added that if the tribal people have to
develop according to their genius, land –relations have to be changed radically
to keep continuity with egalitarian ethos of tribal traditions.
The Sixth Scheduled has a vague provision that
creates a confusion/complication. Paragraph 3(G)
of the Sixth Schedule of the Constitution of India empowers the District
Councils to appoint the succession of Chiefs or headmen but it does not appear
clear whether such power covers the abolition of Chiefship as an institution.
In 1954, the Government of Assam got an Act passed to abolish Chiefships. The
lands under the control of the Chiefs were placed under the control of the
District Councils. When the Mizo Hills District was elevated to the status of
Union Territory of Mizoram and subsequent to State, the Mizo Hills District
Council stood abolished and the lands came directly under the control of the
State as the areas of the erstwhile Mizo Hills District council after its
abolition also became non-Sixth Scheduled. However, the villages have
traditional economic-cum-proto- political jurisdiction, the village authorities
(Village Councils) operate as the agents of the State. Had the land been
acquired by any Act of the Autonomous District Council, probably, the land
would have been under the village communities’ control, as in Nagaland without
the proprietory intermediacy of the State, though, Nagaland has never been a
Sixth Scheduled area.
The District Council is a product of the Sixth
Schedule to the Constitution of India. The Schedule, is thus, itself the
Constitution within the Constitution of India. The District Council is not
created by the State legislature. The provisions of the Sixth Schedule can be
amended only by the Parliament. The Autonomous
District Council is a body created by the Parliament. The
Autonomous District Council is a body corporate and so such, it appears that
the council may act independently of the State Legislature. But the position in
actual practice is quite different. The
Governor being the head of the State is also the head of the District council.
He suspends any act or resolution of the District Council which is contrary to
the provisions of the Sixth Schedule or likely to endanger the safety of the
country or prejudicial to public order and takes such step as he thinks
necessary including the suspension of the council. He may assume to himself all
or some of the functions and powers of the councils for a period of six months.
He may also dissolve the council on the recommendation of an Inquiry Commission
to be appointed under para 14 of the Sixth Schedule, which mismanages the
affairs of the council. As experiences have shown, setting up of an Inquiry
Commission is recommended by the State Council of Minister rather than by the
Governor of the State. Such order must be approved by the legislature of the State
concerned. The District Councils, before appointment of an Inquiry Commission,
is not given a chance or opportunity to place its views before the State
Government/State Legislature. Briefly,
it may be said that the District Councils as an institution have not protected
the socio-economic interests and customs/traditions of the tribesmen because of
political pressure/interference/ instability, lack of leadership, in fighting
among the members of the Councils and various political parties and misuse of
powers and funds.
If the District Council is to continue to function
in a proper shape and manner required under the sixth Schedule, its autonomy
should be restored by scrapping the overriding powers of the State Government,
over the District Councils’. Adequate grants-in-aid must be given to them. A
provision should be made that mandatory obligation on the part of the State
Government is required to make funds available to the District Council in time
for its estimated expenditures by amending paragraphs 7 and 13 of the Sixth
Schedule. Because of financial difficulties and limited financial resources,
most Councils have not yet taken over charge of their many functions such as
primary education, set-up of its police force, hospitals and development
functions as provided by the Sixth Schedule. The District Councils have failed
to evoke local initiative and people’s participation in the development
activities to the desired extent. The Councils have hardly brought about the
intended social and economic changes in the tribal areas.
As S.K. Chaube said; there was a clear paradox in
the working of the District Councils. As they failed to utilize their
socio-economic potentialities, their attention was diverted to politics and the
pretentions of a mini-states. Even the conversion of some of the sixth Schedule
areas to the status of full-fledget states do not appear to have resolved the
problem fully. Inspite of these limitations underlying the provisions of the
Sixth Schedule this is also true that the District Councils and the regional
councils provided under the Sixth Schedule have provided a fair degree of
autonomy for the tribal people living in Assam, Meghalaya, Manipur and Mizoram.
The real problem has been with its execution an true spirit and intent. Perhaps
there is a need to train the members of ADCs in their tasks rather than
strangulate their initiatives by amendments giving more power to the State
Government. In the same vein the Governor’s discretionary powers need to be
insulated from undue influence of the state governments.
Source: constitution of India wikipedia (copy n paste for my personal knowledge)
3 Comments
Hey Bro .. just check out an article by Bah Sumar Sing sawian on District Council in Eastern Panorama magazine (November 2015/Vol XXIV/No 08) ... it was comprehensively written .. I think it's a must read ..
ReplyDeleteHey Bro .. just check out an article by Bah Sumar Sing sawian on District Council in Eastern Panorama magazine (November 2015/Vol XXIV/No 08) ... it was comprehensively written .. I think it's a must read ..
ReplyDeleteI will and i have to. Im glad for ur recommendation.
DeleteBy the way, i think this was a great information on ADC than any others.