ARTICLE 244 (A) OF THE CONSTITUTION 

2. What is Article 244(A) of the Constitution of India? How is it different from the Sixth Schedule of the Constitution?

 Article 244(A) of the Constitution of India provides for the creation of an autonomous state comprising certain tribal areas in the states of Assam, Meghalaya, Tripura, and Mizoram. It allows for the establishment of a separate administrative setup for these areas to safeguard the interests of the tribal population and promote their socio-economic development.

The Sixth Schedule of the Constitution provides for the administration of tribal areas in the four northeastern states of Assam, Meghalaya, Tripura, and Mizoram. It establishes autonomous district councils and regional councils within these areas to administer local governance and safeguard the interests of tribal communities.

Article 244(A)

• Introduced by the Twenty-second Amendment Act of 1969.
• Empower the Parliament of India to enact a law for creating an autonomous state within the existing state of Assam.
• This autonomous state can be formed by comprising all or some of the tribal areas specified in the Act.
• The autonomous state could have its own legislature or council of ministers, or both, with powers defined by the Parliament.

Sixth Schedule

• Provisions mentioned in the Sixth Schedule are meant for the administration of tribal areas in Assam and other states mentioned in Part A or Part B of the First Schedule (excluding Assam).
• It focuses on the administration of these areas through autonomous district councils and regional councils.
• These councils have powers related to managing local affairs like inheritance, marriage, social customs, and land revenue.

Key Differences

The Fifth and Sixth Schedules of the Indian Constitution contain provisions related to the administration and governance of tribal areas in the country. 

Fifth Schedule

• The Fifth Schedule deals with the administration and control of Scheduled Areas, which are areas inhabited by tribal communities in various states of India.
• The Governor of each state with Scheduled Areas is responsible for ensuring the administration of these areas according to the provisions of the Fifth Schedule.
• The Governor is empowered to establish a Tribal Advisory Council to advise on matters related to the welfare and advancement of tribal people in the state.
• The Fifth Schedule provides safeguards for the protection of tribal rights over land, forests, and other natural resources within Scheduled Areas.
• The Governor has the authority to regulate the transfer of land and the use of natural resources in Scheduled Areas to prevent alienation of tribal lands and exploitation of tribal communities.
• The Fifth Schedule allows for the enactment of special laws for the peace and good governance of Scheduled Areas, including laws related to land acquisition, mining, and conservation.
• The Panchayati Raj Extension Act (PESA Act, 1996) extends the provisions of Panchayati Raj (village-level democratic governance) to Scheduled Areas with modifications to ensure greater participation of tribals in local governance.

Sixth Schedule

• The Sixth Schedule deals specifically with the administration and governance of tribal areas in the states of Assam, Meghalaya, Tripura, and Mizoram.
• The Sixth Schedule provides for the creation of autonomous districts within these states, each with its own district council responsible for local governance.
• The district councils under the Sixth Schedule have legislative, executive, and financial powers to administer the areas within their jurisdiction, including the power to make laws on specified subjects.
• In addition to autonomous district councils, the Sixth Schedule also allows for the establishment of regional councils comprising two or more autonomous districts to coordinate and promote the welfare of tribal communities across a larger geographical area.
• The Sixth Schedule contains special provisions related to land, forests, and local self-government within tribal areas, aimed at protecting the rights and interests of tribal communities.

4. About autonomous district councils (ADCs)

Autonomous District Councils (ADCs) are local self-government bodies established under the provisions of the Sixth Schedule of the Indian Constitution. These councils are primarily created for the administration and governance of tribal areas in certain northeastern states, including Assam, Meghalaya, Tripura, and Mizoram.

Key features of Autonomous District Councils include

• ADCs are established within the tribal areas designated under the Sixth Schedule of the Constitution.
• ADCs have legislative, executive, and financial powers to govern the areas within their jurisdiction. They function as autonomous entities with a degree of self-rule, making decisions on various local matters.
• ADCs have the authority to make laws on specified subjects listed in the Sixth Schedule, such as land, forests, local taxes, and administration of justice.
• ADCs have the power to execute laws passed by the council, administer local institutions, and implement development programs within their areas.
• ADCs have control over their finances, including the power to levy and collect taxes, fees, and other revenues, as well as to manage and allocate funds for local development projects and services.
• The composition of ADCs typically includes elected members representing various tribal communities within the district, along with nominated members representing special interests, such as women, non-tribal residents, and other marginalized groups.
• ADCs perform a wide range of functions related to local governance, including infrastructure development, education, healthcare, agriculture, social welfare, and cultural preservation.

 5. What are the tribal groups in Assam?

Assam is home to various tribal communities, each with its distinct cultural heritage, language, and socio-economic practices. Some of the prominent tribal groups in Assam include

• The Bodo people are one of the largest tribal communities in Assam. They primarily inhabit the Bodoland Territorial Region (BTR) in western Assam. The Bodos have their language, culture, and traditional practices.
• The Karbi tribe, also known as Mikir, resides mainly in the Karbi Anglong and West Karbi Anglong districts of Assam. They have a rich cultural heritage, with traditional dances, music, and festivals being an integral part of their identity.
• The Dimasa tribe is primarily found in the Dima Hasao district of Assam. They have a distinct language and cultural traditions, including unique forms of weaving, pottery, and folk music.
• The Mishing (Mishing/Miri) tribe is predominantly located in the riverine areas of Assam, particularly along the Brahmaputra river. They are known for their expertise in fishing, bamboo and cane craftsmanship, and traditional agricultural practices.
• The Rabha tribe inhabits the Goalpara, Kamrup, and Kokrajhar districts of Assam. They have a rich cultural heritage, with traditional dances like the Bihu and Jhumur being an essential part of their cultural expression.
• The Tiwa tribe, also known as Lalung, primarily resides in the Morigaon and Nagaon districts of Assam. They have their language and traditional practices, including unique forms of weaving, agriculture, and folk music.
• The Sutiya tribe has a historical presence in Assam, particularly in the Sivasagar district. They have a rich cultural heritage, with significant contributions to Assamese literature, art, and architecture during the medieval period.
• Although predominantly found in the Garo Hills region of Meghalaya, the Garo tribe also has a presence in western Assam, particularly in the Goalpara district. They have a distinct language, culture, and traditional practices.

6. The issues related to the sixth schedule

The key issues related to the Sixth Schedule include

• While the Sixth Schedule provides for the establishment of autonomous district councils (ADCs) and regional councils to administer tribal areas, there have been concerns about the actual extent of autonomy and empowerment granted to these councils. Issues related to insufficient devolution of powers, inadequate financial resources, and limited decision-making authority have been raised, affecting the effectiveness of local self-governance.
• Tribal areas covered under the Sixth Schedule are often rich in natural resources such as forests, minerals, and water bodies. However, there have been challenges related to the management and utilization of these resources, including issues of encroachment, illegal mining, deforestation, and lack of sustainable development practices. Balancing the conservation of natural resources with the socio-economic development needs of tribal communities has been a persistent challenge.
• Tribal areas covered under the Sixth Schedule often lag behind in terms of infrastructure development, including roads, electricity, healthcare, education, and connectivity. Limited access to basic amenities and services has hindered the overall socio-economic progress of tribal communities, leading to disparities in development outcomes between tribal and non-tribal areas.
• Some areas under the Sixth Schedule have been affected by conflict and insurgency, leading to security challenges and disruptions in governance and development activities. Issues related to ethnic tensions, identity politics, and demands for separate statehood or autonomy have sometimes hampered peace and stability in these regions, affecting the overall implementation of the Sixth Schedule provisions.
• Protection of land rights and prevention of land alienation among tribal communities have been significant concerns under the Sixth Schedule. Encroachments on tribal lands, displacement due to development projects, and disputes over land ownership have often resulted in social unrest and conflicts, undermining the traditional livelihoods and cultural identity of tribal populations.
• Despite the provisions for the reservation of seats in ADCs and regional councils for tribal communities, there have been challenges related to effective political representation and participation. Issues such as political marginalization, lack of transparency, and dominance of vested interests have sometimes undermined the democratic functioning of these institutions, limiting the voice and agency of tribal communities in decision-making processes.

7. What is the state of India’s scheduled areas?

Scheduled Areas (SAs) in India represent a designated region encompassing roughly 11.3% of the country's landmass and inhabited by around 8.6% of the population, primarily tribal communities. Established under the Fifth Schedule of the Indian Constitution, SAs aim to safeguard the cultural identity, social fabric, and economic interests of these communities.

Positive Developments

• SAs offer special provisions like restrictions on land transfer from tribals to non-tribals, safeguarding them from exploitation and dispossession.
• The Panchayati Raj Extension Act (PESA) empowers tribal communities through participation in local governance bodies within SAs.
• Several government schemes and programs specifically focus on development in SAs, aiming to improve infrastructure, healthcare, and education.
• Initiatives promoting traditional skills and fostering sustainable livelihood opportunities for tribal communities are gaining traction.

Challenges and Concerns

• Inadequate funding often hinders the effectiveness of development programs in SAs, leading to slow progress on critical issues.
• Instances of corruption and bureaucratic hurdles can impede the implementation of welfare schemes and infrastructure projects.
• Development projects, while intended for progress, can sometimes lead to displacement of tribal communities or unsustainable resource extraction practices.
• Many SAs continue to face inadequate access to basic amenities like healthcare, education, and proper transportation.
• Social inequalities within some tribal communities can lead to the marginalization of certain groups and limit their participation in development initiatives.

8. The difference between scheduled areas and tribal areas