Inclusion of Ladakh in the Sixth Schedule of the Indian Constitution

Context:

Climate activist Sonam Wangchuk was detained on the Delhi border on Monday night while leading a protest. The demonstration aimed to petition the Central government for the inclusion of Ladakh in the Sixth Schedule of the Indian Constitution, along with other autonomy-related demands for the region. Similar autonomy demands have also been voiced in Arunachal Pradesh and Manipur, highlighting a broader discourse on constitutional provisions and special rights for various ethnic groups within India.

Relevance:

GS II: Polity and Governance

Dimensions of the Article:

1. Asymmetrical Federalism in India
2. Historical Context of the Fifth and Sixth Schedules
3. Special Provisions for Northeastern States:
4. Need for Further Reforms

Asymmetrical Federalism in India

• Asymmetrical Federalism refers to granting some states/areas more autonomy compared to others.
• Unlike classical federalism (e.g., the U.S. or Australia), where all states enjoy equal powers, certain Indian states have special provisions under the Constitution.
• These special regions have more autonomy and constitutional privileges.

Historical Context of the Fifth and Sixth Schedules

• Tribal Autonomy: Before British rule, tribal communities governed their own lands and customs.
• British Impact:
  • The British introduced forest laws and restricted tribal movements, affecting tribal rights and lands.
  • Led to tribal revolts, such as:
    • Kol rebellion (1831-32)
    • Santhal revolt (1855-56)
    • Munda Rebellion (1899-1900)
    • Bastar rebellion (1910)
• British Policy of Isolation:
  • Introduced excluded and partially excluded areas under the Government of India Act, 1935.
  • In excluded areas (mainly northeastern hilly regions), governors held legislative authority.
  • Partially excluded areas (tribal areas in Bihar, Madhya Pradesh, Orissa, etc.) had legislative powers but with modifications/exceptions as decided by governors.

Fifth Schedule: “Scheduled Areas”

• The Fifth Schedule focuses on “scheduled areas” in India, which are areas with high tribal populations, economic backwardness, and administrative feasibility.
• These areas are declared by the President and currently exist in 10 states.
• Tribes Advisory Councils (TACs) are established in these regions to ensure the welfare of Scheduled Tribes (STs). These councils consist of up to 20 members, with three-fourths being tribal MLAs.
• Governors have the authority to regulate land transfers, manage business activities, and oversee specific acts of Parliament or State legislatures in these areas.

Sixth Schedule: “Tribal Areas”

• The Sixth Schedule applies to “tribal areas” in Assam, Meghalaya, Mizoram, and Tripura.
• There are currently 10 tribal areas across these states, governed by Autonomous District Councils (ADCs), which consist of 30 members. These councils can enact laws related to land management, property, marriage, divorce, and customs, subject to the approval of the Governor.
• Additionally, ADCs can manage essential services such as schools, healthcare, and infrastructure, and have the authority to collect land revenue and grant licenses for mining and other economic activities.
• They also have judicial powers, overseeing disputes involving STs within the region.

Comparing Fifth and Sixth Schedules

• While both the Fifth and Sixth Schedules aim to protect the rights and interests of Scheduled Tribes, the Sixth Schedule provides greater autonomy to tribal areas through the establishment of ADCs, which enjoy more executive, legislative, judicial, and financial powers.
• Both schedules, however, work to ensure the integration of tribal communities with the rest of the country while safeguarding their unique cultural identity.

Special Provisions for Northeastern States:

• Part XXI of the Constitution includes specific provisions for northeastern states such as Nagaland, Assam, Manipur, Sikkim, Mizoram, and Arunachal Pradesh under Articles 371A to 371H.
• Article 371A (Nagaland) and 371G (Mizoram) safeguard local customary laws and practices.
• Article 371B (Assam) and 371C (Manipur) mandate committees of MLAs from Tribal Areas and Hill Areas.
• Article 371F (Sikkim) and 371H (Arunachal Pradesh) outline the responsibilities of the Governors for ensuring development and law and order.

Need for Further Reforms:

• Limited Autonomy in Practice:
  • Despite constitutional provisions, the autonomy granted to Fifth and Sixth Schedule areas is more symbolic than practical.
  • Regulations by Governors and Autonomous District Councils (ADCs) are subject to central and state approval, limiting their real autonomy.
• Unnotified ST Areas:
  • Many Scheduled Tribe (ST) habitations across the country, especially in non-notified areas, lack constitutional protections.
  • These areas need to be officially notified as scheduled areas to provide full rights and protections.
• 125th Constitutional Amendment Bill (2019):
  • This bill, currently pending in the Rajya Sabha, seeks to grant more financial, executive, and administrative powers to the existing 10 ADCs.
  • The Union Government has formed a committee to address the concerns delaying the bill’s passage, and its resolution is crucial for stakeholders.
• Inclusion of Hill Areas:
  • Arunachal Pradesh and Manipur have passed resolutions to include their Hill Areas in the Sixth Schedule, reflecting a broader demand for increased autonomy.
  • There is a growing demand to include Ladakh under the Sixth Schedule to protect tribal interests in the region.
• Forest Rights:
  • The implementation of the Forest Rights Act (2006), which recognizes the forest rights of tribals, needs to be extended to Fifth and Sixth Schedule areas to ensure complete protection of indigenous rights.

-Source: The Hindu