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The Sixth Schedule of the Indian Constitution with Special Reference to the Dima Hasao Autonomous Council of Assam

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The Sixth Schedule of the Indian Constitution with Special Reference to the Dima Hasao Autonomous Council of Assam JOURNAL OF INTERNATIONAL ACADEMIC RESEARCH FOR MULTIDISCIPLINARY Impact Factor 1.393, ISSN: 2320-5083, Volume 2, Issue 2, March 2014 THE SIXTH SCHEDULE OF THE INDIAN CONSTITUTION WITH SPECIAL REFERENCE TO THE DIMA HASAO AUTONOMOUS COUNCIL OF ASSAM DR. BASANTA KUMAR SINGH* *Head, Dept. of Political Science, Haflong Government College, Haflong (P.G. Section), Dima Hasao, Assam, India ABSTRACT In the past, the British India adopted the policy of tolerance and non-interference in the internal affairs of the hill tribes. However, considering the difference in socio- cultural life among the hills and the plains people, the British India introduced new devices to administer the two sections separately with a motive to protect hill areas. Subsequently, the preventive rule ‘Inner Line Regulation System’ is introduced in 1873, and further created ‘Excluded’ and ‘Partially Excluded Areas’ under the Govt. of India Act 1935. The Constituent Assembly of India set up an Advisory Committee on the tribal areas under the chairmanship of Sardar Vallabhbhai Patel with a view to considering the problems of Assam as well as of the tribal people of India. The Advisory committee, for the convenience further constituted a sub-committee on ‘North-East Frontier (Assam) Tribal and Excluded Areas’ under the Chairmanship of Gopinath Bordoloi. As a result of its study, the Sub-committee recommended for the establishment of ‘District Councils’ in each Autonomous Districts with autonomy for self- government of the tribal people. KEYWORDS: Indian Constitution, Sixth Schedule, Dima Hasao, Bordoloi- Sub-Committee, Autonomous District Council. OBJECTIVES To comprehend the circumstances leading to the incorporation of Sixth Schedule to the Constitution of India. To understand the role of the Autonomous District Councils in developing socio-economic and political awareness among the tribal communities. To know the functioning of the Autonomous District Council of the Dima Hasao District. To find out the future prospects and problems of Dima Hasao Autonomous Council. METHODOLOGY The study is based on both primary data and secondary data. The secondary data is collected from published materials like books, journals, official documents, magazines, local souvenirs, seminar papers etc. Primary sources include the debates on Sixth Schedule in the Constituent 131 www.jiarm.com JOURNAL OF INTERNATIONAL ACADEMIC RESEARCH FOR MULTIDISCIPLINARY Impact Factor 1.393, ISSN: 2320-5083, Volume 2, Issue 2, March 2014 Assembly Debate, interviews conducted on Government Officials and retired Government servants, present and ex-members of the Autonomous Council etc. 1. INTRODUCTION India is a vast country having pluralistic culture. All her regions are not equally developed. The people of different regions have their distinct social and cultural traits. The hill tribes living in N.E. India have their distinct culture, customary behaviour, faith and race. Because of these differences between the hill tribes and plain people, the British Indian rules pursued the policy of tolerance and non-interference in the internal affairs of the hill tribes. Moreover, to protect the hill tribes from exploitation by plains people, the British introduced some administrative devices which segregated the relations between the hill tribes and the plains people. With the dawn of Independence, the Indian political leaders inherited numerous problems – to protect the unity and integrity of the nation, providing equal opportunity of self- development to all ethnic groups etc. The Constituent Assembly for the very purpose set up an Advisory Committee on Tribal Areas, which in turn constituted a Sub- Committee, to consider the whole issue of the hill tribes of N.E. India. The sub-committee, headed by Gopinath Bordoloi recommended incorporation of the Sixth Schedule to the Constitution of India providing a special arrangement for autonomous self-development of the hill tribes of N.E India, including their interest in land and forest resources. The sixth schedule provides the legal framework for this protection. In pursuance of this objective, Autonomous District Councils were set up way back in 1952 in certain hill districts of the then composite state of Assam, and later many other District Councils were added. This mechanism to bring about a limited change within a static framework underwent many changes since 1952 through Constitutional amendments, presidential orders and legislation. In course of time the ADCs lost its earlier administrative initiative in matters of social transformation. They failed to inject dynamism for social change. Over the last five decades, there was a constant friction between the ADCs and the State Govts. in various spheres. Much hope was generated by the Sixth Schedule in 1952, as it was thought to be a working model to political and constitutional experimentation for granting autonomy to the ethnic minorities in compact areas of the country. That hope has largely been belied and frustrated. The much talk about question of relevance of ADCs to-day becomes a serious issue for discussion. 132 www.jiarm.com JOURNAL OF INTERNATIONAL ACADEMIC RESEARCH FOR MULTIDISCIPLINARY Impact Factor 1.393, ISSN: 2320-5083, Volume 2, Issue 2, March 2014 2. The philosophical base of the Indian constitution has been laid down in the preamble attached to the constitution as it was finally passed by the Constituent Assembly on Nov. 26, 1949. The glorious words used in the ‘Objectives Resolution’ inspired the shaping of the Basic Law of our land through all subsequent stages and got into the contents of the preamble to the constitution of India. The preamble contains the ideals which the state would try to achieve. These ideals are justice, liberty, equality and fraternity. In regards of institutionalization the constitution, Jawaharlal Nehru invited Bhim Rao Ambedkar to be chairman of the Drafting Committee of the Constituent Assembly. The primary reasons to invite and appoint him as the chairman of the Drafting Committee was that Ambedkar was an expert of the constitution and well versed in Federal Constitution of America. If one look at the prism of realism, he had borrowed the idea of giving autonomy to the tribal people of North-East region of India in the form of Sixth Schedule from the American Federal Constitution. Thus, Ambedkar’s appointment as the Chairman of the Drafting Committee of the Constituent Assembly was purposeful. 2.1 Regarding the administrative situation of the tribal areas of North-East, it is noticed that prior to the British rule and even after that, the hill people came in close contact with the plains people mainly for commercial purpose. This commercial relationship emerged as the source of mutual co-existence between the hills and the plains people in the region. The British India also adopted policy of tolerance and non-interference in the internal affairs of the hill tribes. However, considering the difference in socio- cultural life among the hills and the plains people, the British India introduced new devices to administer the two sections separately with a motive to protect hill areas. The ultimate reason is voluminous but main focus was to control the problem of exploitation of the hills people by the businessmen of plains. Subsequently, the preventive rule ‘Inner Line Regulation System’ is introduced in 1873, and further created ‘Excluded’ and ‘Partially Excluded Areas’ under the Govt. of India Act 1935. While safeguarding the hill people, these devices undoubtedly provided scope of widening the gaps between the hills and the plains people. 2.2 At the eve of independence, the division of Indian sub-continent into India and Pakistan profusely encouraged various Indian Principalities and also the tribal people of Northeast to maintain their independent status. The sinister design of some rulers of the princely states of India posed serious danger to the integrity of the country. Undoubtedly, the northeast region 133 www.jiarm.com JOURNAL OF INTERNATIONAL ACADEMIC RESEARCH FOR MULTIDISCIPLINARY Impact Factor 1.393, ISSN: 2320-5083, Volume 2, Issue 2, March 2014 too infested with the shrewd politicians who preferred a sovereign independent status for their respective tribal territories which had been granted special status during the British rule. The entire northeast region was adversely affected due to economic backwardness and political exclusion from the main administrative stream and national current. As a result, there is undying suspicion and apprehension about the plains people’s neo-colonialization. 2.3 The hill tribes of northeast are widely differ from the plains people in respect of culture, history, customary behaviour, faith and race. Thus the anxiety of this people is to how they can preserve and protect their cultural and racial identity from the exploitation by more advanced people of the plains. The country, in fact, requires political readjustment especially in northeast as to provide contentment among the hills people vis-à-vis to resettle the hill tracts keeping in view the interests of the different tribes of the region. 3. The framers of the constitution gave a serious thought to the peculiar way of life of the hill people. The Constituent Assembly of India which was constituted on the proposal of the Cabinet Mission suggested that a powerful committee should be set up to make proposals for the administration of the tribal areas. Accordingly, following this suggestion, the Constituent Assembly of India set up an Advisory Committee on the tribal areas under the chairmanship of Sardar Vallabhbhai Patel with a view to considering the problems of Assam as well as of the tribal people of India. The Advisory committee, for the convenience further constituted a sub-committee on ‘North-East Frontier (Assam) Tribal and Excluded Areas’ under the Chairmanship of Gopinath Bordoloi, the then Prime Minister of Assam, to study the whole problem and to give recommendations on the tribal issue. The aim of the Sixth Schedule was to protect hill and other tribal communities from the control and power of the groups of the plains.
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