Autonomous District Councils (ADCs) – Sixth Schedule of Indian Constitution

Why in news?

• The Trinamool Congress (TMC) will not be contesting elections to two powerful tribal councils in Meghalaya despite being the state’s largest opposition party.

About The Autonomous District Councils (ADCs)

• It plays a crucial role in protecting tribal rights, culture, and governance in the northeastern states of Assam, Meghalaya, Tripura, and Mizoram under the Sixth Schedule of the Indian Constitution.
• These councils provide self-governance to tribal communities while ensuring socio-economic development.

What are Autonomous District Councils (ADCs)?

• The Sixth Schedule of the Indian Constitution (Article 244) provides for the administration of tribal areas in four northeastern states.
• ADCs grant autonomy to tribal communities, allowing them to manage resources, governance, and development independently.
• The Trinamool Congress (TMC) recently decided not to contest elections in two major ADCs in Meghalaya despite being the largest opposition party in the state.

Composition & Tenure of ADCs

• Members: Each ADC has up to 30 members, including:
  • 26 elected members (via adult franchise).
  • 4 nominated members by the Governor.
• Tenure: 5 years from the date of constitution.

Functions of Autonomous District Councils

Legislative Powers

• Can make laws on:
  • Land and its management.
  • Forests (excluding reserved forests).
  • Inheritance, marriage, and divorce among tribal communities.

Judicial Powers

• Establish village courts to handle tribal disputes.
• Handle civil and criminal cases (subject to High Court jurisdiction).

Administrative Functions

• Manage primary schools, hospitals, markets, roads, fisheries, and ferries.

Regulatory Functions

• Control money lending and trade by non-tribals (requires Governor’s approval).

Financial Sources of ADCs

ADCs generate revenue through taxation, including:

• Taxes on professions, trades, and employment.
• Taxes on animals, vehicles, and boats.
• Entry taxes in markets and tolls on ferries.
• Taxes for maintaining schools, dispensaries, and roads.
• Grants-in-aid from the Consolidated Fund of India for development projects.

List of Autonomous District Councils in Northeast India

Assam

• Bodoland Territorial Council (BTC)
• Karbi Anglong Autonomous Council (KAAC)
• Dima Hasao Autonomous District Council (DHADC)

Meghalaya

• Garo Hills Autonomous District Council
• Jaintia Hills Autonomous District Council
• Khasi Hills Autonomous District Council

Tripura

• Tripura Tribal Areas Autonomous District Council (TTAADC)

Mizoram

• Chakma Autonomous District Council
• Lai Autonomous District Council
• Mara Autonomous District Council

Key Provisions of the Sixth Schedule

Autonomous Districts & Councils

• Tribal areas are designated as autonomous districts governed by ADCs.
• The Governor has the power to increase, decrease, or rename these districts.

Legislative Autonomy

• ADCs can make laws on land, forests, inheritance, and tribal customs.
• Laws may require Governor’s approval.

Judicial Powers

• ADCs can establish village courts for tribal dispute resolution.
• Their jurisdiction is subject to the concerned High Court.

Executive Powers

• Unlike the Fifth Schedule, where the Union Government has executive authority, the Sixth Schedule areas remain under state control.
• ADCs handle local administration, schools, dispensaries, roads, markets, fisheries, and ferries.

Exemption from State & Central Laws

• Acts of Parliament or State Legislatures do not automatically apply to autonomous districts.
• ADCs can modify or reject state and central laws.

Financial Autonomy

• ADCs can levy taxes on trades, professions, vehicles, and markets.
• They receive grants-in-aid from the Consolidated Fund of India.

Challenges & Issues with Autonomous District Councils

• Demand for Inclusion: Several regions, such as Ladakh, demand Sixth Schedule status to safeguard land, employment, and cultural identity.
• Financial Constraints: ADCs rely on state governments for funding, leading to budget shortages.
• Corruption & Mismanagement: Lack of transparency and inefficient governance hinder development.
• Limited Representation: Women and non-tribals are underrepresented in ADCs.
• Land Conflicts: ADCs struggle with tribal land rights vs. state development policies.
• Lack of Local Participation: Decision-making remains centralized among elites, excluding local communities.

Conclusion

• Autonomous District Councils (ADCs) play a pivotal role in tribal self-governance and cultural preservation.
• However, issues like financial dependence, corruption, and lack of representation need urgent reforms.

Strengthening financial transparency, local governance, and inclusive participation will help ADCs achieve their true potential as effective self-governing institutions.