Sixth Schedule: Administration of Tribal Areas (Assam, Meghalaya, Tripura, Mizoram)

Tribal areas sixth schedule provisions, found under Articles 244(2) and 275(1) of the Constitution, set up a special system of self-administration for tribal areas in Assam, Meghalaya, Tripura and Mizoram. Instead of being governed like ordinary districts of these states, these tribal areas are constituted as autonomous districts run substantially by elected District Councils, which exercise legislative, executive and judicial functions over matters that touch tribal life directly.

What the Sixth Schedule Covers

The Sixth Schedule is a distinct arrangement from the Fifth Schedule, even though both deal with tribal administration. While the Fifth Schedule applies to Scheduled Areas scattered across various states (and explicitly excludes Assam, Meghalaya, Tripura and Mizoram from its own definition of "State"), the Sixth Schedule was designed specifically for the tribal-dominated tracts of these four northeastern states. The tribal areas listed in the Schedule's appended table are treated as autonomous districts, and where an autonomous district contains more than one Scheduled Tribe, the Governor may, by public notification, divide it further into autonomous regions.

Autonomous Districts and the Governor's Powers

The Governor holds wide notification powers over the internal boundaries of these autonomous areas. By public notification, the Governor may include or exclude an area from the table of tribal areas, create an entirely new autonomous district, enlarge or reduce the area of an existing autonomous district, or unite two or more autonomous districts (or parts of them) into a single autonomous district. This gives the executive considerable flexibility to reorganise tribal administrative boundaries without a constitutional amendment for every adjustment, though larger structural changes have historically needed Parliament's intervention.

Composition of the District Councils

Each autonomous district functions through a District Council, and each autonomous region (where constituted) through a Regional Council. A District Council under the Sixth Schedule is composed of 30 members: 26 are elected on the basis of adult suffrage, while the Governor nominates the remaining 4. Members hold office for a five-year term. Councils frame rules of procedure for their own business and functioning, though until such rules are made, rules framed by the Governor apply.

Legislative, Executive and Judicial Functions

District and Regional Councils are empowered to make laws on subjects such as the allotment, occupation and use of land, management of forests (other than reserved forests), regulation of shifting cultivation, appointment of chiefs and headmen, inheritance, marriage and social customs, and other matters connected with tribal life within their jurisdiction. However, laws made by a District or Regional Council must be submitted to the Governor, and they have no effect until the Governor gives assent.

On the judicial side, Regional Councils (for their region) and District Councils (for areas not covered by a Regional Council) may constitute village councils or courts to try suits and cases between parties who all belong to Scheduled Tribes within the autonomous area, to the exclusion of the ordinary courts of the state. Councils may appoint suitable persons as members of these village courts or as presiding officers, along with the officers needed to administer the laws so made. This creates a largely self-contained system of local justice for intra-tribal disputes within the autonomous area.

Financial Provisions under Article 275(1)

Article 275(1) enables Parliament to charge grants-in-aid on the Consolidated Fund of India for states that need financial assistance, with special provision for tribal areas administration. The sums payable are linked to two components: the average excess of expenditure over revenue during the two years immediately preceding the commencement of the Constitution in respect of administering the specified tribal areas, and the cost of development schemes undertaken with the approval of the Government of India to raise the level of administration in these areas to match the rest of the state. Until Parliament legislates on this, the President exercises these powers by order, though after a Finance Commission is constituted, such orders must follow the Commission's recommendations.

Sixth Schedule vs Fifth Schedule

This contrast — laws applying "unless excluded" under the Fifth Schedule versus "unless extended" under the Sixth Schedule — was a point of clarification during the Constituent Assembly Debates, reflecting the greater degree of self-governance built into the Sixth Schedule framework.

Evolution of Tribal Areas: From Assam to New States

At the time the Sixth Schedule was framed, its tribal areas lay within Assam. Over time, several of these areas were carved out into separate states. The Naga Hills-Tuensang Area, originally a Sixth Schedule tribal area within Assam, was reconstituted as the State of Nagaland under the State of Nagaland Act, 1962, with effect from 1 February 1964. Subsequent rounds of state reorganisation in the northeast and beyond eventually produced Mizoram and Arunachal Pradesh as separate states (alongside Haryana and Himachal Pradesh formed from other reorganisations), altering the original geographic scope of the Sixth Schedule's tribal areas over the decades.

Amendments: The Bodoland Territorial Council

The Sixth Schedule has been amended more than once in its application to Assam. The Sixth Schedule to the Constitution (Amendment) Act, 2003 inserted a proviso creating the Bodoland Territorial Council, consisting of not more than 46 members — 40 elected on adult suffrage (of which 30 seats are reserved for Scheduled Tribes, 5 for non-tribal communities, and 5 open to all communities), plus 6 members nominated by the Governor from unrepresented communities, of whom at least 2 must be women. An earlier amendment in 1995 had similarly modified the Schedule's application to Assam. These amendments show how the Sixth Schedule framework has been adapted to accommodate specific autonomous council demands within a state, rather than being confined to its original 1950 form.

UPSC Relevance

Prelims

• The Sixth Schedule applies to Assam, Meghalaya, Tripura and Mizoram — a frequently tested list.
• Articles 244(2) and 275(1) are the constitutional basis for the Sixth Schedule.
• District Councils have 30 members: 26 elected, 4 nominated by the Governor, for a five-year term.
• Nagaland was carved out of a Sixth Schedule tribal area (Naga Hills-Tuensang Area) in Assam.

Mains

• Compare the administrative philosophy of the Fifth and Sixth Schedules and assess which better balances tribal self-governance with state oversight.
• Discuss how the Bodoland Territorial Council amendment reflects the evolving use of Sixth Schedule mechanisms to address sub-regional autonomy demands.

FAQ

Q1. Which states does the Sixth Schedule apply to? The Sixth Schedule applies to tribal areas in Assam, Meghalaya, Tripura and Mizoram.

Q2. What is the difference between an autonomous district and an autonomous region? An autonomous district is the primary tribal area unit under the Schedule; where more than one Scheduled Tribe inhabits a district, the Governor may notify parts of it as separate autonomous regions.

Q3. How many members does a District Council have? A District Council has 30 members — 26 elected by adult suffrage and 4 nominated by the Governor — holding office for five years.

Q4. Do laws passed by District Councils need approval? Yes. Laws made by a District or Regional Council must be submitted to the Governor and take effect only after the Governor's assent.

Q5. How is the Sixth Schedule different from the Fifth Schedule? The Sixth Schedule provides elected councils with legislative, executive and judicial powers in Assam, Meghalaya, Tripura and Mizoram, whereas the Fifth Schedule relies on Governor-centred administration with an advisory Tribes Advisory Council in Scheduled Areas of other states.

Quick Revision

• Sixth Schedule: Articles 244(2) and 275(1).
• Applies to Assam, Meghalaya, Tripura, Mizoram.
• District Council: 30 members (26 elected + 4 nominated), 5-year term.
• Council laws need Governor's assent to take effect.
• Village councils/courts try intra-tribal suits, excluding ordinary courts.
• Naga Hills-Tuensang Area → State of Nagaland (1962 Act, effective 1 Feb 1964).
• Bodoland Territorial Council added via 2003 amendment (46 members).
• Fifth Schedule laws apply "unless excluded"; Sixth Schedule laws apply "unless extended."

Sources

• The Constitution of India, Sixth Schedule (Articles 244(2) and 275(1)) — https://legislative.gov.in/constitution-of-india/
• The Constitution of India, Fifth Schedule (Article 244(1)) — https://legislative.gov.in/constitution-of-india/
• Constituent Assembly Debates, official record — https://eparlib.nic.in/

Further Reference

For deeper reading on this topic and the wider polity syllabus, these standard works are recommended:

• M. Laxmikanth, Indian Polity (McGraw Hill) — the standard UPSC handbook.
• D.D. Basu, Introduction to the Constitution of India (LexisNexis) — authoritative constitutional-law treatment.
• The Constitution of India — Bare Act — the official text.

Disclosure: As an Amazon Associate, UPSC.wiki earns from qualifying purchases — at no extra cost to you.