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

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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.

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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. The process of protection began with the formation of the first District Councils in Assam, as far back as 1951. These District Councils were first set up as the United Mikir and Cachar Hills of Assam, comprising parts of the former districts of the United Khasi and Jaintia Hills as well as parts of the erstwhile Nogaon, Sibsagar and Cachar districts of Assam. The Sub-Committee is popularly known as The Bordoloi Sub-Committee. Other persons who acted as full members of the Committee to start with were: (1) Shri. J.J.M Nicholas Roy, (2) Shri. Rup Nath Brahma, (3) Shri. A.V Thakkar and

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(4) Shri. Mayang Nokcha, who was later on replaced by Shri. Aliba Imti. The members of the Bordoloi Sub-Committee (BSC) took the trouble to make hectic tours to different places of the hill areas of Assam and met the leaders of the tribal people to study their view points in future administration of their territories. The views expressed by the people living in different hill or in the same hill areas by different groups of people were different. However, the common feature of their view points was that the hill people desired to have their separate Political identity in any form and maintain their cultural, social and customary identities without any outside interference. The hill people also thought of bringing all the tribal people together under the fold of one administrative system, because they did not want to surrender their rights on land, customs, traditions and indigenous institutions.

3.1Thus, the BSC which was entrusted with the task of studying the situation in tribal areas of Assam, recommended incorporation of the Sixth Schedule to the constitution of India providing a special arrangement for the administration of the hill areas of North–East India. In other words, the Sub - committee recommended for the establishment of ‘District Councils’ in each Autonomous Districts with autonomy for self- government of the tribal people. Though the recommendations of the advisory Sub-Committee was put under the Sixth Schedule of the Constitution, the whole issue of tribal autonomy through District Council was being hotly debated in the Constituent Assembly Debate. Several members of the Assembly opposed the formation of the Autonomous District Council in the province of Assam by tooth and nail. The opponents expressed the view that in the interest of the national integrity, the Provisions for the formation of the Autonomous District Councils would not be beneficial. These provisions would certainly create separatist feeling and tendency among the tribal people in due course of time.

3.2 Rohini Kumar Chowdhury, member of the Constituent Assembly, vehemently opposed the provision of District Council under the Sixth Schedule. He further expressed “We want to assimilate the Tribal people… If you want to educate the Tribal people in the art of self- government, why not introduce the Municipal Act? If you want to keep them separate, they will combine with Tibet, they will combine with Burma, they will never combine with the rest of India. This Autonomous District is a weapon whereby steps were taken to keep tribal

135 www.jiarm.com JOURNAL OF INTERNATIONAL ACADEMIC RESEARCH FOR MULTIDISCIPLINARY Impact Factor 1.393, ISSN: 2320-5083, Volume 2, Issue 2, March 2014 people perpetually away from the non - tribal and the bond of friendship which we expect to come into being after attainment of independence would be torn.” Subsequently, many of the members also share the similar apprehension over the creation of Autonomous District Council. For example, Kuladhar Chaliha, one of the members of Constituent Assembly pointed out that the background of the Sixth Schedule revealed the British mind. There was the old separatist tendency and the Sub-Committee wanted to keep them away from us. This act of the committee would be creating a Tribalstan as we have created Pakistan. Similarly, Lakshminarayan Sahu, another member of the Constituent Assembly expresses the view that “the District Council and the Regional Council of the hill areas of Assam would certainly move the tribes towards aloofness with the result that the opportunity for the assimilation of these tribes would be missed.”

3.3 Gopinath Bordoloi, the Chairman of the Advisory Sub-Committee, pointed out that many members in the Constituent Assembly could not appreciate the background of the recommendations of the sub-committee. While highlighting the background for formulating the draft of the Sixth Schedule, Bordoloi said that it was not unknown to the members of the House that the rule of the British Government and activities of the Missionaries always went together. Those areas were entirely excluded areas in the sense that none from the plains could go there and contact them. That position was found till 15th August 1947, when India became independent. Further some of those areas were war Zones. During the war, the then rulers and officers developed in the minds of those tribal people a sense of separation and isolation and gave them assurance that at the end of the war they would be allowed to have independent States to manage their affairs in their own way.

3.4 In support of the Sixth Schedule, Jaipal Singh pointed out that in the new setup the people had the opportunity to forget the past and to have a good beginning, in the beginning of which the tribal had given us their assurance and in response to that the Sub-Committee had very rightly made a sincere effort to accommodate their wishes. To keep the hill tribal areas permanently in water–tight compartments was not good for the tribal people themselves or for Assam or for rest of the country. The hill areas were no longer inaccessible. After World War II the situation had also changed. Rev. J.J. M. Nichols Roy, member of the Constituent Assembly, as well as a member of the Advisory Sub-Committee appreciated the attitude of Gopinath Bordoloi towards the tribal

136 www.jiarm.com JOURNAL OF INTERNATIONAL ACADEMIC RESEARCH FOR MULTIDISCIPLINARY Impact Factor 1.393, ISSN: 2320-5083, Volume 2, Issue 2, March 2014 people. He made it clear that the Sixth Schedule could give a certain amount of self- government to the hill people, but the laws and regulations to be made by the District Councils would be subject to the control and assent of the Governor of Assam. Nichols Roy raised another important point in which he said that to keep the frontier areas safe, these people might be kept satisfied. We cannot use force on them. If we want to win them over for the good of India we must create a feeling of friendliness and unity among them, so that they may feel that their culture and ways for living have not been abolished and another kind of culture thrust upon them.

4. The Constituent Assembly of India had the members of the various sides and various types. There were the members who were well acquainted with the tribal life and habit and culture of the tribal people. Hence, they expressed their mind in favour of the formation of District Councils for the tribal people of Assam who had been living in isolation for a long period. Ambedkar, who was the chairman of Drafting Committee of the Constitution, also expressed his view in favour of granting the hill tribes more autonomy by creating the District Councils. He said that the hill tribes basically differ with other tribes of India in several matters. Hence, they must be given certain cultural, social, religious and customary autonomies. While refuting the apprehension that autonomy to hill tribes would lead them towards separation, Ambedkar said that the Governor of Assam would be given some special power to check their separatist tendency, if they had. Moreover, the state legislature and Indian parliament too had the power to legislate for these areas on all matters except a few. Hence, it was futile to think that the creation of the District Council would pose danger to the unity and integrity of India. Thus, on the floor of the House, a threadbare discussion took place on the Sixth schedule. After a great deal of debate and discussion on the recommendations of the Bordoloi Sub- Committee in regard to the future administration of the hill tribes of Assam, the Constituent Assembly finally adopted and passed the recommendations with a few modifications. While studying the situations of the hill tribal areas, the sub-committee faced the most serious challenge for the purpose of achieving integration. Whether for the purpose of integration, it should use force or to bring them (tribal people) up under the broad principles of a government by good will and love. The Sub-Committee preferred to adopt the Gandhian method.

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4.1 The Sixth Schedule of the constitution of India, being a self-contained provides for constitution of autonomous districts and autonomous councils for the administration of tribal areas in the states of Assam, Meghalaya, Tripura and Mizoram. In this respect Art. 244(2) of the Sixth Schedule of the constitution of India is very important. There are all total 20 paragraphs under Art. 244 (2), besides many sub-paragraphs which give a clear picture of the composition, powers and functions of District Councils in the administration of tribal areas of North-East India. The Sixth Schedule of the Constitution of India made all the Hill Districts of Assam Autonomous with respective District Councils. Such autonomies were given to the tribal people of Assam in social, religious, cultural and economic fields. The Tribal Areas which were put under the Sixth Schedule Part B were declared Autonomous Region and separate Regional Councils were provided for them. The Governor of Assam was empowered to administer the areas mentioned in the Sixth Schedule Part II as the Agent of the President of India. 4.2 The Constitution of India under the provision of the Sixth Schedule, specified in paragraph 20 of Art. 244 (2), conferred the status of Autonomous District to North Cachar Hills (presently known as Dima Hasao District). Accordingly, the North Cachar Hills Autonomous District Council came into being on 29th April, 1952, which marked a new era in the history of North Cachar Hills. Initially, the District Council got on the saddle of autonomy with 12 elected members, 4 nominated members and a secretary, with the provision of Chief Executive Member and its 2 Executive Members. Since then, the N.C. Hills District Council went through a process of tremendous expansion both in its structure and content. The first change took place in 1969-70. On the occasion of creation of the state of Meghalaya, N.C. Hills District Council was given more administrative powers by entrusting many Government Departments to the Council and administrative setup was also modified. Number of Executive Members was increased and the Council secretariat was also expanded by deputing IAS and ACS officers as principal Secretary and Secretaries respectively. It should be mentioned here that Art. 244(2) was amended in 1969,and a new Art.244(A) was added in the Sixth Schedule giving provision for the formation of an Autonomous State comprising the hill district of Khasi and Jaintia hills and the Garo Hills. However, the upgradation of Meghalaya into full-fledged statehood in1971, the ADC status is re-amended under the Art. 244(A) of Constitution in parliament by passing law which can create Autonomous State comprising all or any areas specified in part-I of the table appended to para 20 of the Sixth Schedule. Part-I of para 20 includes N.C. Hills and Karbi Anglong.

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Paragraph 6 of the Sixth Schedule was also amended for accommodation of more powers to Autonomous District Councils. 4.3 The Dima Hasao Autonomous Council may be described as a “State in miniature” having all the paraphernalia of a Govt. like Legislature, Executive and Judiciary. It has full autonomy to legislate and administer the subjects like land, revenue, primary education, and customary laws etc., assigned to it under Sixth Schedule of the constitution of India.

CONCLUSION The District council has elaborate functions/powers in the legislative, executive, judicial and financial domains. These powers are expected to uplift the tribal communities in the domains of primary education, health, culture, social customs, social welfare, forest, land, agriculture, water management, village administration, economic and rural development. However, in practice the performances of the District Councils, have not come upto expectations. Result is that the District Councils have come under severe criticism. Besides the political and functional deficiencies, some provisions of the Sixth Schedule also contribute to the unsatisfactory performance of the Councils. For example, the power of nomination is frequently abused for narrow party gains. The concerned Government often recommend persons for nomination on political considerations. It is the Minister and not the Governor that nominates persons. Recently, the working of DHAC invites criticism from sections of the tribes for whose benefit the councils were created. The most commonly labelled criticism is misuse of public funds. It is revealed in the reports of different investigating agencies entrusted for the very purpose that funds for the welfare of the tribal community is misused and misappropriated by the Chief Executive Members and the other Executive Members at their discretion without any transparency. Huge sums are spent in Salary, T.A and vehicle hire by those functionaries. Recently, the DHAC occupied front page in almost all the prominent news papers of the country. The National Investigation Agency (NIA) has discovered the nexus between the political executive of the N.C. Hills Autonomous Council and the D.H.D (J), a top most under-ground organization that was actively operating in the form of parallel Govt. throughout the district. The NIA in its report highlighted a thousand crores of rupees deal made by the council authorities with the under- ground outfits. Because of the shyphoning of the public money, the developmental works in the N.C. Hills District (now Dima Hasao District) has been retarded. Though, presently 30 more subjects are transferred to the Autonomous Council, besides its normal subjects, the

139 www.jiarm.com JOURNAL OF INTERNATIONAL ACADEMIC RESEARCH FOR MULTIDISCIPLINARY Impact Factor 1.393, ISSN: 2320-5083, Volume 2, Issue 2, March 2014 officers are not directly responsible to the councils, since they are the appointees of the state govt. Therefore, the implementation of any developmental scheme is bound to suffer. Moreover, the continuous insurgency in N.C. Hills District along with repeated ethnic violence among different tribes made the law and order situation of the hill district a very precarious condition. Of course, maintenance of law and order situation in the Autonomous District is the responsibility of the state Govt. However, there must be a co-ordination between the civil administration and the Autonomous Council Authority. In short, it is generally inferred that the Autonomous Councils as provided under the Sixth Schedule is not in a position to deliver good to the people for whom it is specially meant for. They have failed to live up to the expectations of the tribal people. Inspite of these limitations underlying the provisions of the Sixth Schedule this is also true that the District Councils and the regional councils provided under the Sixth Schedule have provided a fair degree of autonomy for the tribal people living in Assam, Meghalaya, Manipur and Mizoram. The real problem has been with its execution and true spirit and intent. Perhaps there is a need to train the members of ADCs in their tasks rather than strangulate their initiatives by amendments giving more power to the State Government. In the same vein the Governor’s discretionary powers need to be insulated from undue influence of the state governments.

REFERENCES 1. Constituent Assembly Debates, Vol. VII, IX, XI, Lok Sabha Secretariate, Parliament House, New Delhi, 1949. 2. Sixth Schedule to the constitution of India & MoU, DIPR(Hills), Haflong. 3. The Assam Autonomous Districts (Constitution of District Council) Rules, 1951 (As Amended); Published by N.C.H.A.D.C, Haflong,2001. 4. Barpujari, H.K.;1982, Problems of the Hill Tribes in North-Eastern Frontier, Vol-III, 1873- 1962, Spectrum Publications, Guwahati. 5. Bhattacharjee;1982, Social Tensions in North-East India, Research India, J.B.: Publications, Calcutta. 6. Bhuyan, B.C. (ed); 1989, Political Development of the North-East, Omsons Publications, New Delhi. 7. Chaube, S.K; 1999,Hill Politics in Natheast India : Orient Longman, Hyderabad. 8. Elwin, Verrier (ed); 1962, India’s North-East Frontier in the Nineteenth Century, London. 9. Hazarika, B.B;2006, Political life in Assam: During the 19th century, Gyan publishing House, New Delhi. 10. Gassah. L.S. (ed); 1997,The Autonomous District Councils, Omsons Publications New Delhi. 11. Statistical Hand book of Assam 2007; 2007,Directorate of Economics & Statistics Govt. of Assam, Guwahati. 12. Verghese, B.G;2004, India’s Northeast Resurgent; Kurnak Publishing Pvt.Ltd, New Delhi.

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