Garo Hills Autonomous District Council (GHADC)

Explore Garo Hills Autonomous District Council (GHADC), its powers under the Sixth Schedule, and its role in tribal administration and regional development in Garo Hills.

Table of Contents

Context

The Garo Hills Autonomous District Council (GHADC) has amended its membership rules to make it mandatory for candidates to possess a valid Scheduled Tribe certificate in order to contest elections to the council.

Garo Hills Autonomous District Council (GHADC): Background

About the council: The Garo Hills Autonomous District Council is a local self-governing body created to protect the rights and interests of tribal communities in the Garo Hills region.
Mixed population context: The region has both tribal and non-tribal residents, especially in border areas, which has led to disputes over electoral eligibility.

Tensions and unrest

Disagreements between tribal and non-tribal groups led to protests and law-and-order concerns.
Scheduled council elections were postponed, and the council’s term was extended.
The earlier executive head resigned, and new leadership facilitated the passage of the amendment.

Key Provisions of the Amendment

ST certificate made mandatory: Only individuals belonging to recognised Scheduled Tribes can now contest elections to the council.
Exclusion of non-tribals: Non-tribal residents, even if permanent inhabitants, are no longer eligible to become members.

Rationale

Protection of tribal interests: The amendment aims to ensure that governance in autonomous councils remains in the hands of indigenous tribal communities.
Long-pending demand: Tribal groups had been demanding such a provision for decades to preserve their political representation.

About Autonomous District Councils (ADCs)

Details About Autonomous District Councils (ADCs)

Constitutional Basis

Created under the Sixth Schedule: Autonomous District Councils are self-governing bodies established under the Sixth Schedule of the Constitution of India to protect the interests of tribal communities.
Coverage of tribal areas: The Sixth Schedule identifies specific tribal regions in Assam, Meghalaya, Tripura and Mizoram, each designated as an autonomous district.
Institutional structure: Every such district is administered through an Autonomous District Council (ADC).

Composition and Tenure

Total membership: Each council can have up to 30 members.
Mode of selection: Out of these, 26 members are directly elected by the people, while 4 are nominated by the Governor.
Term of office: Members hold office for a period of five years from the date the council is formed.

Legislative Functions

Control over local resources: Councils can make laws related to land use, forest management (excluding reserved forests), and the appointment of traditional leaders.
Regulation of social practices: They can frame rules on matters such as inheritance, marriage, divorce and the functioning of village courts.

Administrative Functions

Local development activities: ADCs are empowered to establish and manage basic public services like primary schools, health centres, markets, roads and ferries.
Regulation of economic activities: They can control money-lending and trading activities by non-tribals, subject to approval by the Governor.

Financial Powers

Taxation authority: Councils can levy taxes on professions, trades, animals, vehicles and boats.
Market and transport levies: They can collect fees on goods entering markets and tolls on passengers and goods transported via ferries.
Local service funding: Taxes may also be imposed to support services like schools, dispensaries and roads.

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