Governor’s Rule in Autonomous District Council (ADC)

Governor’s Rule in Autonomous District Council (ADC)
  • Context:

  • The Governor of Mizoram recently extended the "Governor's Rule" in the Chakma Autonomous District Council (CADC) for a period of six months.

  • This decision was taken despite the State Council of Ministers arguing there was no justification for the extension

  • Constitutional Basis:

  • The ADCs are established under the Sixth Schedule of the Constitution

  • The schedule deals with the administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram.

  • The specific power exercised by the Governor is derived from Para 16(2) read with Para 20 BB of the Sixth Schedule.

  • Grounds for Imposition:

  • The Governor can assume the administration of an ADC if they are satisfied that the administration cannot be carried on in accordance with the provisions of the Sixth Schedule.

  • In this specific case, the Governor cited "constant political instability" as the primary reason.

  • He noted that frequent changes in leadership (removal of the Chief Executive Member) were detrimental to the effective administration envisioned by the Constitution.

  • Effect of the Order:

  • Upon invoking this power, the Governor assumes all functions or powers vested in the District Council.

  • These powers are often delegated

  • In the CADC instance, the Deputy Commissioner of Lawngtlai District was appointed to exercise these functions on the Governor's behalf.

  • Conflict:

  • The imposition can lead to friction between the Raj Bhavan and the elected State Government.

  • Here, the Mizoram Council of Ministers opposed the move, stating the Zoram People's Movement (ZPM) enjoyed a clear majority.