Sixth Schedule of the Constitution
Why it Matters?
The Assam Congress has accused the BJP-led State government of eroding the constitutional autonomy of Sixth Schedule tribal councils by exerting undue control over their functioning.
What You Should Know?
It applies to Assam, Meghalaya, Tripura, and Mizoram under Article 244(2) and Article 275(1) of the Constitution.
It empowers the Governor to establish Autonomous District Councils (ADCs) and Autonomous Regional Councils (ARCs).
It allows ADCs to consist of up to 30 members, with 4 nominated by the Governor and the rest elected.
The Bodoland Territorial Council is an exception with 46 members.
It permits the Governor to create ARCs if multiple Scheduled Tribes reside within an autonomous district.
Legislative Powers:
It empowers the Councils to make laws on land, forests (excluding reserved forests), shifting cultivation, and village administration.
It allows legislation on inheritance, marriage, divorce, social customs, and the regulation of moneylending/trading by non-tribals.
Executive Powers:
It enables Councils to establish and manage primary schools, dispensaries, roads, markets, fisheries, and transport systems.
It authorizes them to decide the medium and method of primary education in their jurisdiction.
Judicial Powers:
It empowers Councils to establish Village and District Council Courts for tribal matters.
It restricts these courts from trying offences that involve death or imprisonment for five years or more.
It grants only High Courts and the Supreme Court appellate jurisdiction over these Council Courts.
Financial Powers:
It authorizes Councils to prepare budgets, collect land revenue, and levy taxes on professions, trades, vehicles, and markets.
It empowers them to grant licenses or leases for mining and mineral extraction within their area.