Sixth Schedule and Working of the District Councils in NE India

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Sixth Schedule and Working of the

District Councils in North
Dialogue October-December, 2004, Volume 6 No. 2
Six th Schedule and Working of the District Councils in North-Eastern States

R. N. Prasad

nder the Gov t. of India Act, 1 935, the hill areas of A ssam were div ided into two categories-
Ex cluded and Partially Ex cluded A reas. The Lushai Hills (now Mizoram) the Naga Hills and
the North Cachar Hills were under the ex cluded areas, ov er which the prov incial ministry
had no jurisdiction. Ex penditure incurred in these hill areas was also not v oted by the
prov incial legislature because there were no representativ es from these hill districts. Not
only this, ev en no federal or prov incial legislation ex tended to the districts automatically .
The Khasi and Jaintia Hills, the Garo Hills, and the Mikir Hills were partially ex cluded areas.
These districts had fiv e representativ es in the A ssam Legislativ e A ssembly but in the Garo
Hills and the Mikir Hills, the franchise was limited to the traditional v illage headmen. Briefly ,
these areas were administered by the state gov ernment subject to the special powers of the
Gov ernor. This, in fact, did not change the administrativ e machinery of the districts. In
effect the 1 935 Constitution did not afford local self gov ernment or political autonomy to
the hill tribes of the ex cluded and partially ex cluded areas to manage their local affairs
according to their own genius and ability . No political activ ities of any kind in these districts
were permitted. There was also no political entity , which could v oice the peoples
aspirations and griev ances. The British Superintendent and the local chiefs in most of the
districts of the ex cluded areas used to rule the people as v irtual dictators.

A fter Independence, there were demands for regional autonomy and better status within
the constitutional framework from the tribes of

Dr. R.N. Prasad is Professor of Public A dministrativ e, Mizoram Univ ersity , Aizawl.

the hill areas of A ssam. The Interim Gov ernment of India in 1 947 was sensitiv e to the
political aspirations of the tribal people of the hill areas of A ssam in the background of
assurances giv en by the outgoing British rulers. In order to ensure their participation in
decision making and management of the affairs and safeguarding tribal interests, the
gov ernment appointed a Sub-Committee of the Constituent A ssembly the North-East
Frontier (A ssam) Tribal and Ex cluded 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 inex pensiv e set-up (District Councils) of the tribal areas, which were later
accepted and incorporated into the Article 244 (2) of the Six th Schedule of the Indian
Constitution. The Bardoloi Committee also made prov ision 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 preserv e their traditional
way of life, and safeguard their customs, and cultures. The Committee also recommended
the abolition of the ex cluded and the partially ex cluded areas and representation of the hills
districts in the legislativ e Assembly on the basis of adult franchise. It ex pected the state and
the central gov ernments to help the tribals in securing the benefits of a democratic,
progressiv e and liberal constitution of the country .

A fter the Indian Constitution was brought into force, the Gov ernment set up an Interim
Tribal A dv isory Council in each hill district and also desired the participation of the tribal
representativ es in the administration of the areas, ev en during the interim period pending
the formation of the District Councils. The councils had no statutory basis and the councils
used to adv ise the District Superintendent/Deputy Commissioners on v arious
administrativ e problems and dev elopment schemes of the district. So it was really a training
ground for the hill tribes in self gov ernance. Under paragraph 2 of the Six th Schedule to the
Indian Constitution, the Gov ernment of A ssam farmed the A ssam A utonomous District
(Constitution of District Councils) Rules 1 951 and the Pawi-Lakher ( Constitution of Regional
Councils) Rules, 1 952 for the autonomous region in the Lushai Hills District. Accordingly ,
the District Councils and the Regional Councils were constituted in 1 952 and 1 953
respectiv ely .

A fter the Mizo Hills was elev ated to the status of the Union Territory of Mizoram in
accordance with the North-Eastern A reas (Re-organisation) Act, 1 97 1 the Mizo District
Council was abolished in 1 97 2. The Pawi-Lakher Regional Council which was constituted for
the Pawis, the Lakhers and the Chakmas, was also trifurcated into three District Councils) in
1 97 2 under the prov isions of the said Act. The Gov ernment of Manipur as per the prov isions
of the Manipur (Hill A reas) District Councils A ct, 1 97 1 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 purv iew of the Six th Schedule. Presently the
North-East India has, fifteen District Councils two in A ssam, three in Meghalay a, three in
Mizoram, one in Tripura and six in Manipur. Here, it is interesting to note that the Nagas, for
whom the Six th Schedule was mainly prov ided hav e no autonomous District Councils of
their own till date.

Territorial Composition of District Councils

The Six th Schedule to the Constitution empowers the Gov ernor to determine the
administrativ e areas of the councils. He is also authorized to create a new autonomous
district, increase or diminish the area of any ex isting district, increase or diminish the area
of any ex isting 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 Gov ernor on the report of
the Commission appointed for the purpose the paragraph (1 ) of paragraph 1 4 of the Six th
Schedule. The Gov ernor of Manipur before issuing such, order, has to consult the Hill Areas
Committee. The Administrativ e areas of the District Councils, howev er, differ from place to
place. For instance, the District Councils in A ssam and Meghalay a hav e been constituted at
the district lev el whereas in Mizoram, the District Councils hav e been created at both the
district and subdiv isional lev els.

Composition of District Councils and regional Councils

Each District Councils or regional Council prov ided under the Six th Schedule is a corporate
body by name of District Council or Regional Council of (Name of the District or name of the
Region) hav ing 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 Gov ernor on the adv ice of the Chief Ex ecutiv e Member for a term of fiv e y ears. 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 gov ernor. The number of constituencies in each District Councils v ary from one another
depending on the number of electiv e seats prov ided for each council.

The term of District Councils is fiv e y ears. The Gov ernor may ex tend the term for a period
not ex ceeding one y ear at a time, during the national emergency or in ev ent of impossibility
of holding of elections.

There is a prov ision of Chairman and Deputy Chairman in the District Councils who normally
preside ov er 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 ov er
either by the Deputy Commissioner or any officer authorised by the Gov ernor. 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
prov ide that they may , at any time, resign in writing. They can be remov ed at any time by a
resolution of the Council as prov ided 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
ov er 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 v ote 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 gov ernment.

Ex ecutiv e Committee

The rules enacted under the Six th Schedule prov ide for an Ex ecutiv e Committee (EC) of the
District Council to carry on its ex ecutiv e functions. The EC consists of the Chief Ex ecutiv e
Members and two other member. The Chief Ex ecutiv e Member (CEM) is elected by the
elected members of the District Council. The two other members of the Ex ecutiv e
Committee from among the members of the District Council are appointed by the Gov ernor
on the recommendation of the Chief Ex ecutiv e Member. The Ex ecutiv e Committee performs
all ex ecutiv e functions of the Council. The Members of the Ex ecutiv e Committee are known
as the Ex ecutiv e Members (EM) and the leader is known as the Chief Ex ecutiv e Member
(CEM). It is just on the lines of a cabinet sy stem in parliamentary democracy . The District
Council is like a miniature gov ernment at the district lev el. There is also a Secretary to the
EC appointed by the CEM who is not a member of the District Council. The Chief Ex ecutiv e
Member must be elected by the District Council within 48 hours from the date of the
remov al of the ex isting committee. If the District Council fails to elect the chief ex ecutiv e
member within the fix ed period, the Gov ernor may appoint any member of the District
Council to be the CEM.

A s regards the functions of the Ex ecutiv e Committee, it disposes of all matters falling within
its purv iew. It makes regulations, rules and laws and all appointments with the approv al of
the District Council. The CEM allocates certain subjects to each ex ecutiv e 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, collectiv ely responsible for all ex ecutiv e orders and policies issued in the name of the
District Councils as well as for the implementation of all dev elopment schemes in the
autonomous district areas. This also implies that when the CEM resigns, the ex ecutiv e
committee stands dissolv ed automatically . It is clear from the prov isions of the Six th
Schedule that the civ il administration of the autonomous districts is placed with the two
authorities v iz. Deputy Commissioner representing the state Gov ernment and the Ex ecutiv e
Committee of the District Councils. The Six th Schedule has, thus, created two sets of
authorities with consequent anomalies ov erlaps and confusion.

Legislativ e functions

The District Councils hav e powers to make laws for allotment, occupation, use of land, other
than reserv ed forests for purposes of agriculture, grazing and other residential and non-
residential purposes; management of unreserv ed forests, use of water courses and canals for
agriculture purpose, regulation of shifting cultiv ation, establishment of v illage councils and
town committees, administration of v illage policy , public health and sanitation,
appointment and succession of chiefs or headmen, inheritance of property , marriage,
div orce and social customs, money lending and trading by non-tribals within the
autonomous districts. The Gov ernor has power to alter laws or rules passed by the District
Councils, which are in v iolation of the prov isions of the Six th Schedule. The Six th Schedule,
thus makes the Gov ernor the head of the A utonomous District Council.

Ex ecutiv e Functions

The District Council has the ex ecutiv e powers to construct or manage primary schools,
dispensaries, markets, cattle pounds, ferries, fisheries, roads and waterway s. It also
prescribes the medium of instruction and manner of education in primary schools within its
jurisdiction. The District Council has no legislativ e or regulatory power ov er the latter
subjects.

Judicial Functions

Para 4 of the Six th Schedule entitles the Council to constitute V illage 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 inv olv ing offences punishable by death, transportation of
life or imprisonment for not less than fiv e y ears 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 V illage Council Courts and the Subordinate District Council
Courts. No other court ex cept the High Court and the Supreme Court of India hav e
jurisdiction ov er 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 approv al of the Gov ernor. They are also giv en mutually
ex clusiv e powers to collect land rev enues, lev y and collect tax es on lands, holdings, shops,
entry of goods into market and tolls etc within their respectiv e jurisdictions. But the District
Council has the concurrent power on the professions, trade, callings, employ ments,
animals, v ehicles and huts, tolls on passengers, and goods carried in ferries and
maintenance of schools, dispensaries or roads. Under para 9 of the Six th Schedule, the
roy alty on the licenses or leases for the ex traction of minerals in the autonomous districts
goes to the District Council. As regards the tax on motor v ehicles, it is assigned and
collected by the State Gov ernment on behalf of the District Council. Grants-in-aid, loans and
adv ances etc from the state gov ernment, constitute other sources of income of the Councils.

The District Councils enjoy autonomy and the A cts of the Parliament and the State
legislatures on the subject under them do not normally apply to the autonomous districts.
They may be ex tended there with such ex ceptions and modifications as are considered
necessary by the District Regional Council concerned.

Working of the District Councils

The District councils hav e elaborate functions/powers in the legislativ e, ex ecutiv e, judicial
and financial domains. These powers are ex pected to uplift the tribal communities in the
domains of primary education, health, culture, social customs, social welfare, forest, land,
agriculture, water management, v illage administration, economic and rural dev elopment.
Howev er, in practice the performances of the District Councils, hav e not come upto
ex pectations. Result is that the District Councils hav e come under sev ere criticism. Besides
the political and functional deficiencies, some prov isions of the Six th Schedule also
contribute to the unsatisfactory performance of the Councils. For ex ample 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 Gov ernor that nominates persons. A t times nominations hav e been used to rev erse 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 v iolation of
the prov isions of the Six th Schedule.

Some District Councils hav e failed to set up courts at v illage and other lev els. The Karbi
A nglong District Council could not create judiciary because of reluctance of the State
Gov ernment to release fund. Most of the courts at the District Councils lev el manned by
reject politicians or people without any judicial background or training. No wonder the
judicial performance of these Courts leav es much to be desired. Many District Councils hav e
not y et codified all customary laws in the autonomous districts. Customary laws are hardly
observ ed.

Despite the serv ice rules framed by the Councils, the staffing has no relev ance to the
necessity . Qualification is no criteria and considerations of political patronage, nepotism
and fav ouritism in the matter of recruitment are rampant in the District Councils. It also
adv ersely impinges on financial resources of the Councils.

Under paragraph 7 of the six th Schedule, the District Councils hav e powers to make rules for
the District Councils finances, tax es etc. The member in-charge of the finance is responsible
for the management and control of funds. Howev er, v arious financial irregularities
committed by the councils are conspicuous. The grants-in-aid are misused by div erting
under different heads, particularly in non-plan ex penditure. Ev en the basic rules of financial
propriety are not observ ed. Due to ov erstaffing the establishment ex penses, on
unproductiv e trained etc. is unduly heav y Most of the Councils are unable to balance their
budgets and often ov erspend. Mismanagement of public funds was widespread before 1 969,
when the sy stem of audit by the auditor and comptroller General was introduced.

Howev er ev en sy stem of audit has failed to control ex trav agances mainly because under
sub-paragraph 2 of paragraph 7 , the Gov ernor i.e. the State Gov ernment has not made rules
for the management of the District Councils fund. There is need to include in this sub-
paragraph a prov ision that till such time, the Rules are framed rules, framed by the
Comptroller and A uditor General, shall apply . A prov ision need also be made that the
accounts of the District Councils can also be audited by the State Gov ernment audit
agencies.

A nother reason for the inadequate performance of the Councils is their dependence on State
Gov ernments for financial grants and allotments. Howev er, the District Council has power to
lev y and collect tax es on profession, trade, callings and employ ments, animals, v ehicles and
boats, ev en within the jurisdiction of the Regional Council (The Regional Council has no such
power). The income from such tax es 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 rev enues by ex ploiting the
financial resources av ailable to them.

One of the sources of finance of the District Councils is the share of roy alty accruing each
y ear from licenses and leases for the purpose of prospecting for or ex traction of minerals
granted by the State Gov ernment in respect of any area within the District Council. The
proceeds from such tax es are shared by the District Council and the State Gov ernment in
certain agreed ratio. But the District Councils often allege that the share of roy alty is not
paid to the concerned District Councils regularly by the State Gov ernment. Therefore, it is
suggested that this power should be giv en to the councils by amending the sub-paragraph 3
of paragraph 8 of the Six th Schedule.

Similarly the regional Council has no share in the roy alties from licences or leases granted
by the State Gov ernment for the ex traction of minerals within its areas and the proceeds
from such tax es are shared by the District Councils and the State Gov ernment 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.

A nother major source of income of the District Council is grants-in-aid, it is entitled to

under A rticle 27 5 of the Constitution of India. The grants to the District Councils are
released by State Gov ernments. The State Gov ernment, as alleged by the leaders of the
District Councils, delay releasing funds to the Councils and such delay s are, sometimes,
based on political considerations with affecting the normal functioning of the councils. So
prov ision in the Six th Schedule is required to make it obligatory on the part of the State
Gov ernment 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 Gov ernment timely failing which the release of funds should be withheld. The
mobilisation of av ailable resources by the District Councils is not satisfactory and they tend
to depend on the grants-in-aid from the Central Gov t.
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-A nglong, 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 v ery 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, depriv ing the minor tribes of the regional Council areas freedom to read
and write in their own dialects and languages. Infact, one of the major griev ances 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 prov isions of the Six th Schedule suffer from certain short-comings and defects. There is
no prov ision for coordination of the activ ities of the District Council, the Regional Council
and the State Gov ernment. The State has no power to rev iew and assess the working of these
councils ex cept to approv e their legislations by the Gov ernor and to sanction loans and
grants for dev elopment schemes. A s a result, the councils do not surrender the unspent
balances of the grants to the State Gov ernment. They transfer the amounts for other
purposes without proper sanction. Besides lacking ex pert inputs in dev elopmental matters
the leaders of the District Councils do not take interest in plan formulation, schemes and its
monitoring at the micro lev el effect. The Councils hav e failed to uplift the poor masses.

They are unable to play any significant role in strengthening the planning process at the
micro lev el. As a consequence, the councils hav e neither been able to do any thing of
standard in the interest of hill masses nor to inv olv e the poor tribes in dev elopment
activ ities either as beneficiaries or as decision makers on any significant scale. In fact, it is
shown that the councils hav e harmed interests of the poor tribes. Within the councils, ov er a
period of time, due to large dev elopment funds av ailable, a nex us has emerged between the
neo-rich middle class or classes or rich traders, contractors, bureaucrats and educated, who
hav e 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 six th
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 , hav e v ested
interests in preserv ing the ex ploitativ e structure and hav e created a class which has
cornered all the priv ileges. They hav e underminded the purpose of the Six th Schedule to
build a democratic edifice for the Councils. The Six th Schedule has become an alibi for social
freeze serv ing the few at the cost of majority .

It is clear that the power structure, which ex ists today in our tribal areas, is likely to ex ploit
the poor with or without Fifth and six th Schedules. If the benefits of the Six th Schedule hav e
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 sy stem (seed banks, grain
banks and social security measures), right to work to the tribesmen so as to ensure them
minimum employ ment and incomes to liv e on, redistribution of assets in fav our of the poor
by implementing land reforms, and encouraging the role of dev elopment bureaucracy and
v oluntary agencies in rural dev elopment. It is further suggested to get the tribesmen of the
Six th Schedule areas inv olv ed in dev elopment decision-making and implementing
process/powers by ex tending the prov isions of the Constitutional (Sev enty Third and
Fourth) A mendment Acts, 1 992 relating to Panchay ats and Municipalities to both the rural
and the urban areas of the District Councils.

In 1 952, the members of the Districts Councils were not allowed to be members of the
Legislativ e A ssemblies or Parliament because of holding an office of profit and that the State
and the Central Gov ernments had financial interests in the District Councils. But the District
Councils persuaded the Ministry of Home A ffairs to remov e the restriction so that they
(especially CEMs and EMs) should become the members of the State Legislativ e A ssembly to
dev elop a better/smooth relations/understanding between the State Gov ernment and the
District Councils. The Peoples Representation Act was amended accordingly . This practice
has tended to ex tend the State politics to the Councils and partisanships discriminations
based on party affiliations. The Six th 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 legislativ e 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 v illage 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 Six th Scheduled areas. The Six th scheduled prohibits the transfer of land
from a tribal to non-tribal. Most of the District Councils hav e not y et made laws regarding
the land holding sy stem in their respectiv e jurisdictions. The basic structure of the
customary or traditional sy stem of land tenure remains the same. The District Councils hav e
not been able to protect the common lands or to codify customary sy stem of land tenure
and any of other social customs. Where indiv idual ownership of land is recognised, no land
reform measures hav e been initiated. There is no cadastral surv ey carried out y et. The
protection prov ided by the Inner Line Regulation and the Six th Scheduled hav e been used
to generate a process of progressiv e concentration of v ast landed property in the form of
priv ate ownership in the hands of the emerging local middle class or a small group of well-off
tribals. It is aggrav ating the situation of rural pov erty 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 priv ate ownership in land leads to ex ploitativ e relations
in land use and management and thereby perpetuates the ex isting disparities of wealth and
land alienation among the ex tremely poor tribals. This will certainly disturb social
harmony . Howev er, if the situation is to be improv ed ev en in a modest way , codification of
tribal rights in lands, enactment of laws/regulations concerning the ex isting land holding
sy stem, land reforms and cadastral surv ey will hav e to be initiated/implemented effectiv ely
as measures of social justice and equity . The tribal land sy stem is more static than dy namic.
Riv alry between the State and District Councils also at times presents change. So it is
suggested to get the prov isions of the Six th Schedule to enable the Gov ernor to ex ercise
these powers himself, if he is conv inced that the council has failed to carry out its tasks as
per the prov isions of the Six th Schedule.

The District Councils with measure of stability used to function till the early sev enties.
Thereafter, both political instability and defections hav e seriously affected the Councils. It is
suggested to amend paragraph 1 6 of the six th Schedule to empower the gov ernor to dissolv e
such Councils. It may be further added that keeping in v iew the political opportunism
display ed 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 positiv e in this regard.

The Six th Schedule lay s down that no law passed by the Parliament or the State legislature
on the matters within the purv iew of the district is applicable unless the District Council
ex tends its application. Paras 3 (1 ) 8 and 1 0 of the Schedule- confer powers on the District
Councils to legislate on the subjects enshrined in the Six th Schedule. But a change has been
made in case of Meghalay a and Mizoram by inserting para 1 2-B in the Six th Schedule, which
giv es an ov erriding character to the acts passed by the State Legislatures. This prov ision
empowers the State gov ernment to control the District Councils and takes away all powers
conferred on the Councils by para 3 (1 ), 8, 1 0. Here the Six th Schedule seems to be self-
contradictory to that ex tent and also against its being a Constitution within the Constitution
of India. This needs to be remov ed by a proper amendment of the said para 1 2-B as in para
1 2. The constitutional (Amendment A ct) of 1 988 has inserted paragraph 20B (B) in the Six th
Schedule enabling the Gov ernor to ex ercise discretionary powers to carry out of his
functions. But the prov ision makes it mandatory for the Gov ernor 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 A DCs.

It is often ex perienced that some of the functionaries of the District Councils discharge their
powers and functions more or less arbitrarily . They also v iolate acts, rules and regulations
for their selfish interests and for the party interests. They also indulge in fav ouritism and
nepotism. They also misuse financial powers and div ert funds arbitrarily by v iolating
procedures, rules and regulations, integrating the Six th Schedule areas economically with
the rest of the country . The customary sy stem of land tenure and other protectiv e land
regulations to enable to the plains priv ate capital/inv estors/entrepreneurs to acquire land
for the purpose of economic dev elopment or for inv estment on any other public purpose
may be codified, modified/liberalised. With the ex istence of Autonomous District Councils
and the, State Gov ernments, the thrust seems to be more on legislation rather than
codification. Legislations, no doubt, prov ides a uniformity in the traditional sy stem rather
than codify ing the customary laws that v ary from tribes to tribes. It may be further added
that if the tribal people hav e to dev elop according to their genius, land relations hav e to be
changed radically to keep continuity with egalitarian ethos of tribal traditions.

The Six th Scheduled has a v ague prov ision that creates a confusion/complication.
Paragraph 3(G) of the Six th 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 cov ers the abolition of Chiefship as an institution. In 1 954, the
Gov ernment of A ssam got an A ct 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 elev ated 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-Six th Scheduled. Howev er, the v illages hav e traditional economic-cum-proto-
political jurisdiction, the v illage authorities (V illage Councils) operate as the agents of the
State. Had the land been acquired by any A ct of the A utonomous District Council, probably ,
the land would hav e been under the v illage communities control, as in Nagaland without
the proprietory intermediacy of the State, though, Nagaland has nev er been a Six th
Scheduled area.
The District Council is a product of the Six th 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 prov isions of the Six th Schedule can be amended
only by the Parliament. The A utonomous 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 Gov ernor 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 prov isions of the Six th 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 dissolv e the council on the
recommendation of an Inquiry Commission to be appointed under para 1 4 of the Six th
Schedule, which mismanages the affairs of the council. A s ex periences hav e shown, setting
up of an Inquiry Commission is recommended by the State Council of Minister rather than
by the Gov ernor of the State. Such order must be approv ed by the legislature of the State
concerned. The District Councils, before appointment of an Inquiry Commission, is not
giv en a chance or opportunity to place its v iews before the State Gov ernment/State
Legislature. Briefly , it may be said that the District Councils as an institution hav e 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 v arious 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 six th Schedule, its autonomy should be restored by scrapping the ov erriding
powers of the State Gov ernment, ov er the District Councils. A dequate grants-in-aid must be
giv en to them. A prov ision should be made that mandatory obligation on the part of the
State Gov ernment is required to make funds av ailable to the District Council in time for its
estimated ex penditures by amending paragraphs 7 and 1 3 of the Six th Schedule. Because of
financial difficulties and limited financial resources, most Councils hav e not y et taken ov er
charge of their many functions such as primary education, set-up of its police force,
hospitals and dev elopment functions as prov ided by the Six th Schedule. The District
Councils hav e failed to ev oke local initiativ e and peoples participation in the dev elopment
activ ities to the desired ex tent. The Councils hav e hardly brought about the intended social
and economic changes in the tribal areas. A s S.K. Chaube said; there was a clear paradox in
the working of the District Councils. A s they failed to utilize their socio-economic
potentialities, their attention was div erted to politics and the pretentions of a mini-states.
Ev en the conv ersion of some of the six th Schedule areas to the status of full-fledget states do
not appear to hav e resolv ed the problem fully .

Inspite of these limitations underly ing the prov isions of the Six th Schedule this is also true
that the District Councils and the regional councils prov ided under the Six th Schedule hav e
prov ided a fair degree of autonomy for the tribal people liv ing in A ssam, Meghalay a,
Manipur and Mizoram. The real problem has been with its ex ecution an true spirit and
intent. Perhaps there is a need to train the members of A DCs in their tasks rather than
strangulate their initiativ es by amendments giv ing more power to the State Gov ernment. In
the same v ein the Gov ernors discretionary powers need to be insulated from undue
influence of the state gov ernments.

Select Bibliography
 1 . Constituent Assembly Debates, Vo-II, Report on the North-East frontier (A ssam)
Tribal and Ex cluded A reas Sub-Committee Part-II.

2. Constituent A ssembly debates V ol-II

3. The Constitution of India

4. The North-Eastern A reas (Re-organisation) Act, 1 97 1 , published in Official Hand Book,

V ol-2, Gov ernment of Mizoram, Aizawl, 1 97 3.

5. The Collection of Mizo Hills District Councils A cts, Rules, and Regulations.

6. The Collection of Pawi-Lakher Regional Council A cts, Rules and Regulations.

7 . V . V enkata Rao, A Century of Tribal Politics in North-East India, New Delhi, S. Chand
and Co.

8. R.N. Prasad, Ev olution of party politics in Mizoram, (IN) Political Science Rev iew
Quarterly Journal of the Department Political Science, Univ ersity of Rajasthan, V ol-1 2 No.
(3+4) 1 9, 1 97 3, Jaipur.

9. R.N. Prasad, Important features of the Six th Schedule to the Indian Constitution: A n
A naly sis (IN) Journal of Political Studies, Vol XII, February , 1 97 9, Jullunder (Punjab).

1 0. R.N. Prasad, Gov ernment and Politics in Mizoram, New Delhi, Northern Book Centre,
1 987 .

1 1 . R.N. Prasad, District Council: Composition, Powers, Functions, and working (IN)
Elements of Indian Constitution (Tex t Book For Pre-Univ ersity Education) published by
North-Eastern Hill Univ ersity , Shillong.

1 2. Summary of Pataskar Commission Report on the Hill A reas of A ssam, 1 965-66.

1 3. S.K. Chaube, Hill Politics in North-East India, Calcutta, Orient Longman, 1 97 3

1 4. A nimesh Ray , Mizoram: Dy namics of Change, Calcutta, Pearl Publsihers, 1 982

1 5. V . V enkata Rao, H. Thansanga, and Niru Hazarika, A century of Gov ernment and
Politics in North-East India V ol-3, Mizoram, New Delhi, S. Chand and Co.

1 6. Report of the Committee to Ex amine Financial Conditions of Each District/Regional

Council (V aghaiwala Committee, Gov ernment of A ssam, Shillong, 1 960)

1 7 . L.S. Gassah, A utonomous District Council, New Delhi, Omsons Publications, 1 97 7 .

1 8. R.N. Prasad, Modernisation of the Mizo Society ; Imperativ es and Perspectiv e, New
Delhi, Mittal Publications, 2003