Sixth Schedule: Administration of Tribal Areas (District and Regional Councils)

Sixth Schedule councils are the District Councils and Regional Councils created under the Sixth Schedule to the Constitution to govern tribal areas in Assam, Meghalaya, Tripura, and Mizoram with a degree of self-rule. Framed under Articles 244(2) and 275(1), the Schedule lets these autonomous bodies make laws, run local administration, and even try certain cases, while remaining subject to the Governor's oversight. It reflects the Constituent Assembly's attempt to protect tribal custom and land in the north-east without cutting these areas off from the rest of the Union.

Constitutional Basis and Coverage

The Sixth Schedule operates under Article 244(2), which applies its provisions to tribal areas in the four named states, and Article 275(1), which authorises Parliament to charge special grants on the Consolidated Fund of India for administering these areas. Unlike the Fifth Schedule, which covers scattered Scheduled Areas in several states, the Sixth Schedule was designed specifically for identified tribal tracts of the north-east that the Constituent Assembly treated as a distinct category from the outset.

The Schedule lists tribal areas across parts of a table appended to it; each listed tribal area constitutes an autonomous district. Where more than one Scheduled Tribe inhabits an autonomous district, the Governor may, by public notification, further divide it into autonomous regions, each with its own Regional Council.

Autonomous Districts and Regional Councils

The Governor holds wide notification powers over the map of autonomous districts: including or excluding areas, creating a new autonomous district, enlarging or reducing an existing one, and uniting two or more districts or parts of districts into one. This gives the Sixth Schedule a flexibility not found in ordinary state boundary-making, since these changes are made by the Governor rather than requiring a full constitutional amendment for every adjustment.

Each District Council is composed of thirty members: twenty-six are elected on the basis of adult suffrage for a five-year term, and four are nominated by the Governor. Regional Councils, where constituted, function similarly within their own autonomous region. This structure gives tribal communities an elected body with a real term of office, while preserving a small nominated component through the Governor.

Legislative, Executive and Judicial Powers

District and Regional Councils can make laws on subjects such as the allotment, occupation, and use of land; management of forests other than reserved forests; regulation of shifting cultivation; village or town administration; inheritance of property; marriage and divorce; and social customs, among other matters listed in the Schedule. Laws made by a Council must be submitted to the Governor, and they take effect only once the Governor assents to them — a check that keeps council law-making within the Governor's oversight.

On the judicial side, Regional Councils (for areas within their region) and District Councils (for the rest of the district) may constitute village councils or courts to try suits and cases where all parties belong to Scheduled Tribes within the area, to the exclusion of the ordinary courts of the state. They may appoint members or presiding officers for these bodies and the officers needed to administer the laws so made. This gives Sixth Schedule areas a parallel, community-rooted layer of dispute resolution for intra-tribal matters.

Financial Provisions under Article 275(1)

Article 275(1) empowers Parliament to charge the Consolidated Fund of India with grants-in-aid for administering Sixth Schedule tribal areas. The sums payable are linked to two elements: the average excess of expenditure over revenue in administering these areas in the years before the Constitution commenced, and the cost of development schemes undertaken with the approval of the Government of India to bring administration in these areas up to the level of the rest of the state. Until Parliament legislates on this, the President exercises this power by order, subject to considering the recommendations of the Finance Commission once one is constituted.

Sixth Schedule vs Fifth Schedule

The last distinction was set out by Dr B. R. Ambedkar in the Constituent Assembly: in Scheduled Areas, ordinary legislation applies automatically unless the Governor directs otherwise, whereas in Sixth Schedule tribal areas, a law does not apply at all unless the Governor specifically extends it — an important reversal of the default rule.

Bodoland Territorial Council and Later Amendments

The Sixth Schedule has been amended for Assam more than once to accommodate specific autonomous arrangements. Following the Sixth Schedule to the Constitution (Amendment) Act, 2003, a proviso was added for the Bodoland Territorial Council, providing for a council of not more than forty-six members — forty elected by adult suffrage (with seats reserved for Scheduled Tribes and non-tribal communities, and some seats open to all) and six nominated by the Governor, including at least two women among the nominated members. This shows how the Schedule has been adapted over time to create area-specific autonomous councils within Assam beyond the four originally listed districts.

Historical Evolution: From Tribal Area to Statehood

The Sixth Schedule's list of tribal areas has changed with the reorganisation of the north-east. The Naga Hills-Tuensang Area was originally a tribal area of Assam under the Sixth Schedule; it was carved out and became the State of Nagaland under the State of Nagaland Act, 1962, with effect from 1 February 1964. Subsequent reorganisation of the region created further states — a process that also produced Mizoram and Arunachal Pradesh as separate states, altering the extent of the tribal areas that remained under the Sixth Schedule in Assam.

UPSC Relevance

Prelims

• Sixth Schedule is linked to Articles 244(2) and 275(1); Fifth Schedule to Article 244(1).
• States covered by the Sixth Schedule: Assam, Meghalaya, Tripura, Mizoram.
• District Council composition: 30 members — 26 elected, 4 nominated by the Governor, five-year term.
• Nagaland's formation traces back to a Sixth Schedule tribal area (Naga Hills-Tuensang) in Assam.

Mains

• Compare the constitutional design of the Fifth and Sixth Schedules and assess how effectively each protects tribal autonomy (GS2).
• Examine the legislative, executive, and judicial powers of District and Regional Councils under the Sixth Schedule and the checks the Governor retains over them.
• Discuss how amendments such as the Bodoland Territorial Council provision reflect the evolving demands for autonomy within Sixth Schedule areas.

FAQ

Q1. Which states have areas governed by the Sixth Schedule? Assam, Meghalaya, Tripura, and Mizoram have tribal areas administered under the Sixth Schedule.

Q2. How many members does a District Council have? Thirty — twenty-six elected on adult suffrage and four nominated by the Governor, for a five-year term.

Q3. Can District Council laws take effect without the Governor's assent? No. All laws made by a District or Regional Council under the Schedule must be submitted to the Governor and have no effect until he assents to them.

Q4. What is the key difference in how ordinary laws apply in Fifth Schedule versus Sixth Schedule areas? In Fifth Schedule Scheduled Areas, Parliamentary or state law applies automatically unless the Governor excludes it; in Sixth Schedule tribal areas, such law does not apply unless the Governor specifically extends it.

Q5. What is the Bodoland Territorial Council? An autonomous council in Assam created through a 2003 amendment to the Sixth Schedule, with up to forty-six members combining reserved, open, and Governor-nominated seats.

Quick Revision

• Sixth Schedule: Articles 244(2) and 275(1); covers Assam, Meghalaya, Tripura, Mizoram.
• Autonomous districts may be split into autonomous regions where multiple Scheduled Tribes live together.
• District Council: 30 members (26 elected + 4 nominated), 5-year term.
• Council laws need Governor's assent to take effect.
• Village councils/courts under Councils try intra-tribal suits, excluding ordinary state courts.
• Article 275(1) grants fund administration costs and approved development schemes.
• Nagaland emerged from a Sixth Schedule tribal area of Assam (1962 Act, effective 1 Feb 1964).
• Bodoland Territorial Council added to Assam's Sixth Schedule arrangement by the 2003 amendment.

Sources

• The Constitution of India — Sixth Schedule, legislative.gov.in
• The Constitution of India — Fifth Schedule, legislative.gov.in
• Constituent Assembly Debates, official record

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.

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