SIXTH SCHEDULE
The Ladakh Autonomous Hill Development Council (LAHDC) Act is a significant legislative framework that governs the administration and governance of the Union Territory of Ladakh in India. Ladakh, located in the northernmost part of India, was previously part of the state of Jammu and Kashmir until August 5, 2019, when Article 370 of the Indian Constitution was abrogated, and the state was reorganized into two separate Union Territories: Jammu & Kashmir and Ladakh.
The Ladakh Autonomous Hill Development Council Act, 1995, plays a crucial role in the administration of the Ladakh region. Here are some key features and provisions of the LAHDC Act:
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Establishment of Autonomous Hill Development Council: The Act establishes the LAHDC, a local self-government body, in the Ladakh region. The purpose of this council is to promote socio-economic development, cultural preservation, and the overall well-being of the people of Ladakh.
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Composition of the LAHDC: The LAHDC consists of elected members who represent various constituencies within the Union Territory of Ladakh. The council members are elected through a democratic process.
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Powers and Functions: The LAHDC is granted specific powers and functions related to local governance, development planning, and management of resources. These powers include making laws on certain subjects, levying taxes, and overseeing local administration and development activities.
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Financial Autonomy: The LAHDC has financial autonomy, which means it can generate revenue through local taxes and fees and utilize these resources for local development projects and initiatives.
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Executive Committee: The LAHDC has an Executive Committee responsible for the day-to-day administration of the region. The Executive Committee members are elected from among the council members.
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Cultural and Environmental Preservation: The LAHDC Act recognizes the unique cultural and environmental significance of the Ladakh region and emphasizes the preservation of Ladakhi culture and traditions.
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Special Provisions: The Act may contain special provisions for the socio-economic and cultural advancement of Scheduled Tribes and other marginalized communities in Ladakh.
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Governor's Role: The Governor of the Union Territory of Ladakh plays a role in the administration, coordination, and cooperation between the LAHDC and the Union Territory government.
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Relations with the Central Government: The LAHDC Act allows for cooperation and coordination between the LAHDC and the central government of India to facilitate development activities and address the specific needs of the region
Article 244 of the Indian Constitution provides for the administration of certain tribal areas in India. It empowers the President of India to issue regulations for the peace and good governance of these areas. This article is particularly relevant to the administration of Scheduled Areas and Tribal Areas in various states.
Here are the key provisions and details of Article 244:
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Scheduled Areas and Tribal Areas: Article 244 primarily deals with the administration of Scheduled Areas and Tribal Areas within the states of India. These areas are inhabited predominantly by Scheduled Tribes (indigenous tribal communities).
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Power of the President: The President of India is authorized by Article 244 to issue regulations that apply to these Scheduled Areas and Tribal Areas. These regulations are intended to provide for the peace, good governance, and welfare of the tribal communities living in these areas.
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Governors' Role: While the President has the authority to issue regulations, these regulations are typically made after consulting with the Governor of the state. The Governor plays a crucial role in the administration of these areas.
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Application of Laws: The regulations issued under Article 244 can specify the manner in which laws passed by the state legislature apply to the Scheduled Areas and Tribal Areas. It can also specify the extent to which laws made by the Parliament of India apply to these areas.
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Conflict Resolution: Article 244 allows for regulations to be made to resolve conflicts and disputes between different tribal communities within these areas.
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Extension to Fifth Schedule Areas: Article 244 extends to the Fifth Schedule areas of India, which are those areas specified in the Fifth Schedule of the Indian Constitution. These areas have a higher degree of protection and autonomy for the tribal communities residing there
The Sixth Schedule of the Indian Constitution pertains to the administration of tribal areas in the states of Assam, Meghalaya, Tripura, and Mizoram. It provides special provisions and safeguards for the protection of the rights and interests of the tribal communities living in these regions. The Sixth Schedule is a significant component of India's federal structure and recognizes the distinctive cultural, social, and historical characteristics of these tribal areas. Here are some key features and provisions of the Sixth Schedule:
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Areas Covered: The Sixth Schedule covers specific tribal areas in the states of Assam, Meghalaya, Tripura, and Mizoram. These areas are known as "Scheduled Areas" and are inhabited by various indigenous tribal communities.
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Tribal Autonomous District Councils (ADCs): The central feature of the Sixth Schedule is the creation of Autonomous District Councils (ADCs) within these tribal areas. These ADCs have significant powers and responsibilities for local governance, including legislation on matters such as land, forests, and local customs and traditions. Each state has its own ADCs, known by different names, such as the "Autonomous District Council" in Assam and "District Council" in Meghalaya.
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Composition of ADCs: The ADCs have a defined number of seats reserved for tribal members, and they also include nominated members. These councils are responsible for formulating and implementing policies related to education, health, and socio-economic development within their areas.
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Governor's Role: The Governor of the state is empowered to appoint the District Councils' members, but they must be from the tribal communities. The Governor also has the authority to modify the boundaries of the Scheduled Areas after consulting with the state's legislature.
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Protection of Tribal Customs: The Sixth Schedule safeguards the customary laws and practices of the tribal communities in these areas. It ensures that the traditional institutions and customs of these communities are respected and preserved.
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Land Rights: The Sixth Schedule provides a degree of protection to tribal land rights, making it more difficult for non-tribal individuals or entities to acquire land in the Scheduled Areas.
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Exclusion and Inclusion of Areas: The Sixth Schedule allows for the inclusion or exclusion of areas from the Scheduled Areas through a formal process, which typically involves consultation with the tribal communities affected.
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Amendment: The Sixth Schedule can be amended by the Parliament of India. Any changes or amendments must be approved by a two-thirds majority.
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For Prelims: Fifth Schedule, Sixth Schedule, Autonomous distric council
For Mains: 1.Explain the significance of the Fifth Schedule of the Indian Constitution in the context of tribal governance. How does it protect the interests of Scheduled Tribes?
2.Discuss the provisions and objectives of the Sixth Schedule of the Indian Constitution. How does it impact the governance of tribal areas in the Northeastern states?
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Previous Year Questions
1.What is/ are true in relation to Autonomous Districts (CGPSC 2021)
1. Each Autonomous District Council has 30 members
2.24 members of the Autonomous District Council are elected via voting and rest 6 are nominated by Governor
3.Rights to direct the Acts passed by the Parliament of India is Autonomous. Districts of Assam lie with Governor
A.1 , 2 and 3
B. 1 and 3
C. 1 and 2
D. 1 Only
Answer (B)
2. Based on the Sixth Schedule of Indian Constitution, with respect to the tribal areas of Assam, Meghalaya, Tripura and Mizoram (DSSSB PRT General Section Officer 2019)
Which of the following can the Governor of a State do?
1. Can create a new autonomous district
2. The area of atonomous district can be increased
A. 1 Only
B. 2 Only
C. Both 1 and 2
D. Neither 1 nor 2
Answer (C)
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