Sixth Schedule of Indian Constitution: Key Provisions and Benefits

Context: Sonam Wangchuk and other leaders joined a hunger strike in Kargil demanding Ladakh’s statehood and its inclusion in the Sixth Schedule of the Constitution.

Provisions of the Sixth Schedule of Indian Constitution

• Article 244(2): Applies to the administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram.
• Autonomous Districts & Regions:
  • Tribal areas are designated as Autonomous Districts.
  • If multiple Scheduled Tribes live in a district, the Governor can create Autonomous Regions.
  • Governors can organise, reorganise, alter boundaries, or rename districts.
• District & Regional Councils:
  • District Council: Max 30 members (4 nominated by the Governor, rest elected through adult suffrage).
  • Regional Council: For each autonomous region.
• Law-making powers:
  • Can legislate on land, forests (except reserved), property inheritance, money-lending, and trade by non-tribals.
  • All laws need the Governor’s assent.
• Judicial powers:
  • Can set up Village & District Council Courts for cases where all parties are Scheduled Tribes.
  • Cannot try cases with punishments of death or 5+ years imprisonment.
• Revenue & Taxation:
  • Can assess land revenue, impose taxes on trades, animals, vehicles, etc.
  • Can grant mining licenses and leases.
• Development powers:
  • Can manage schools, dispensaries, markets, fisheries, roads, transport, and waterways.
• Applicability of laws:
  • Parliamentary/State laws apply with modifications or exceptions.
• Governor’s oversight:
  • Can appoint a commission to review district/region administration.

Benefits of the Sixth Schedule of the Constitution

• Protection of Tribal Rights & Identity:
  • Safeguards the land, culture, and traditions of tribal communities from external exploitation.
• Local Self-Governance:
  • Empowers Autonomous Districts and Regional Councils to legislate on local matters, ensuring governance is tailored to community needs.
• Cultural Preservation:
  • Helps preserve indigenous languages, customs, and festivals through local decision-making.
• Control over Natural Resources:
  • Allows tribal councils to regulate land use, forests, and minerals, ensuring sustainable use and preventing outsider exploitation.
• Judicial Autonomy:
  • Special courts for tribal disputes provide culturally appropriate justice systems.
• Economic Empowerment:
  • Councils can levy taxes, manage markets, and grant licenses for resource extraction, generating local revenue.
• Education & Infrastructure Development:
  • Powers to establish schools, dispensaries, fisheries, roads, and transport systems enable targeted development.
• Administrative Flexibility:
  • Ability to adapt laws and governance structures to local customs and needs rather than rigid state-wide policies.
• Conflict Prevention:
  • Giving decision-making power to local bodies reduces tensions between the state and tribal communities.
• Environmental Protection:
  • Local control over forests and resources promotes ecological conservation aligned with traditional practices.

Recent Ladakh Demand

• Ladakh’s 97% tribal population meets the criteria for Sixth Schedule inclusion.
• Rapid developmental projects (geothermal, hydropower, hydrogen plants) threaten Ladakh’s fragile ecosystem.
• Inclusion sought to protect the environment and tribal rights.

Check here: Ladakh Statehood Demand in detail!

Sharing is caring!