Syllabus
GS Paper 2 – Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure, devolution of powers and finances up to local levels and challenges therein.
Context
Climate activist Sonam Wangchuk was detained as he led a group of protesters to petition the Central government for the inclusion of Ladakh in the Sixth Schedule
Source
The Hindu| Editorial dated 3rd October 2024
What special status is Ladakh seeking?
The demands for the inclusion of Ladakh, Arunachal Pradesh, and Manipur under the Sixth Schedule highlight the ongoing discussions about asymmetrical federalism in India. The Fifth and Sixth Schedules were designed to provide autonomy and protect the rights of tribal populations. However, these provisions have evolved over time, facing both success and challenges, and reforms are being called for to make them more effective.
Asymmetrical Federalism
- Definition: India’s federalism is asymmetrical, where some states or regions have more autonomy than others, unlike symmetrical federations like the U.S. or Australia.
- Constitutional Design: Special provisions under the Fifth and Sixth Schedules provide unique powers and privileges to certain areas based on their tribal population and historic marginalization.
- Autonomy Debate: While designed to offer greater autonomy, the actual implementation of these provisions has been uneven, with political and administrative limitations.
Fifth and Sixth Schedules: Historical Background
- British Policies: The British divided tribal areas into ‘excluded’ and ‘partially excluded’ areas under the Government of India Act, 1935, leading to the formulation of the Fifth and Sixth Schedules post-independence.
- Impact of Tribal Rebellions: Tribal revolts like the Santhal and Munda rebellions highlighted the need for policies that protect tribal autonomy over their lands and forests, shaping the evolution of these provisions.
- Post-Independence Recognition: The Constituent Assembly recognized the unique needs of tribal populations, which led to the incorporation of special provisions in the Constitution.
Fifth Schedule
- Applicability: The Fifth Schedule applies to ‘Scheduled Areas’ in 10 states, primarily in central and eastern India, covering tribal regions that exhibit economic backwardness and a significant tribal population.
- Tribes Advisory Councils (TACs): The TAC in each state advises the government on matters related to the welfare and advancement of the Scheduled Tribes (STs), consisting mostly of tribal representatives.
- Governor’s Powers: The Governor has authority to regulate land allotment, manage business activities, and modify laws passed by the Parliament or State Legislature in these regions, subject to Central government approval.
- Business and Land Regulations: The Governor can regulate the transfer of lands among tribal communities and manage the businesses of money lenders in these areas to protect tribal interests.
Sixth Schedule
- Applicability: The Sixth Schedule provides greater autonomy to tribal areas in the Northeastern states of Assam, Meghalaya, Mizoram, and Tripura, granting these regions self-governance.
- Autonomous District Councils (ADCs): ADCs are established in these areas with executive, legislative, and judicial powers over matters such as land use, inheritance laws, taxation, and customary practices.
- Elected Representatives: Each ADC consists of 30 members, with 26 elected and 4 nominated by the Governor, reflecting local representation.
- Governor’s Role: While ADCs have the power to make laws, these laws require Governor’s approval to take effect, giving the state executive some control over local governance.
- Revenue and Taxes: ADCs have powers to collect land revenue, impose taxes, and grant mining licenses, ensuring some degree of financial independence.
Special Provisions for Northeastern States
- Articles 371A to 371H: These constitutional articles grant special provisions to northeastern states like Nagaland, Manipur, Mizoram, and Arunachal Pradesh, protecting customary laws, local practices, and tribal rights.
- Local Governance: In states like Manipur and Assam, specific provisions ensure the formation of Tribal Committees that represent the interests of local tribal populations.
- Governor’s Oversight: Governors of states like Sikkim and Arunachal Pradesh have special responsibilities for law and order and ensuring tribal welfare, adding another layer of protection.
Challenges in Implementation
- Limited Autonomy: The autonomy granted under the Fifth and Sixth Schedules often remains on paper due to political interference and administrative hurdles, reducing the effectiveness of these provisions.
- Dependency on Governors: Both Schedules rely heavily on the powers of the Governor, which can sometimes lead to a centralized rather than decentralized approach.
- Unnotified Tribal Areas: Many tribal areas across India, especially outside the 10 states under the Fifth Schedule, remain unnotified as Scheduled Areas, excluding them from the benefits of constitutional protections.
Reforms Needed
- 125th Amendment Bill: Pending in Parliament, this bill seeks to provide more financial, administrative, and executive powers to ADCs in Sixth Schedule areas, which would enhance their self-governance.
- Ladakh and Arunachal Pradesh: Growing demands for the inclusion of Ladakh and parts of Arunachal Pradesh and Manipur under the Sixth Schedule need to be addressed to safeguard tribal interests in these regions.
- Clear Guidelines for Governors: There needs to be clarity and consistency in the role of the Governor, reducing ambiguity in their powers to approve or disapprove of tribal laws and decisions made by ADCs.
- National Recognition of Forest Rights: The Forest Rights Act, 2006, which grants forest rights to tribal communities, needs to be implemented thoroughly, including in Fifth and Sixth Schedule areas.
- Strengthened Political Representation: Tribal communities should be given more political representation in state and central legislatures, empowering them to actively participate in decisions that affect their lands and livelihoods.
Conclusion
While the Fifth and Sixth Schedules have played a vital role in preserving the autonomy and rights of tribal populations, their effectiveness is limited by political control and inconsistent implementation. Reforms, including the 125th Amendment and addressing the demands of Ladakh and other tribal regions, are necessary to ensure that these areas enjoy real autonomy and the constitutional protections envisioned for them. By improving the system, India can better integrate tribal populations while safeguarding their unique cultures and traditions.
Related PYQ
To what extent, in your opinion, as the decentralisation of power in India changed the governance landscape at the grassroots? [ UPSC Civil Services Exam – Mains 2022]
Practice Question
Examine the role of the Fifth and Sixth Schedules in protecting the rights of tribal communities in India. Do you think these provisions need further reforms?[150 words]
Guidelines to Answer
- Introduction:
- Begin by explaining the Fifth and Sixth Schedules in the Indian Constitution, which were introduced to safeguard the rights and autonomy of tribal communities.
- Mention how these schedules provide special provisions to ensure self-governance in tribal areas.
- Body:
- Fifth Schedule: Discuss its role in Scheduled Areas, with Tribes Advisory Councils and the Governor’s power to regulate land and money lending.
- Sixth Schedule: Explain the greater autonomy granted to Autonomous District Councils (ADCs) in the Northeast, covering local governance, lawmaking, and revenue collection.
- Challenges and Reforms Needed: Address limitations like political control, uneven implementation, and demands for inclusion of areas like Ladakh under these schedules. Highlight the need for reforms like the 125th Constitutional Amendment.
- Conclusion:
- Summarize the significance of these schedules in protecting tribal rights, but emphasize that reforms are essential to ensure effective autonomy and equitable benefits across tribal regions.