SPECIAL STATUS OF LADAKH
1. Context
Climate activist Sonam Wangchuk was detained on the Delhi border on Monday night as he led a group of protesters to petition the Central government for the inclusion of Ladakh in the Sixth Schedule of the Constitution among other demands for autonomy to the region. Similar demands have been raised in Arunachal Pradesh and Manipur. These discussions relate to special provisions for various ethnic groups in the Constitution.
2. Asymmetrical federalism
Asymmetrical federalism is a form of federalism in which different regions or states within a federation have varying degrees of autonomy and powers. In this system, certain regions may possess greater legislative, administrative, or fiscal powers than others, reflecting the unique cultural, historical, or political circumstances of those regions
The Indian Constitution adopts a model of asymmetrical federalism, meaning that certain states and regions have greater autonomy compared to others. Unlike symmetrical federations such as the U.S. or Australia, where all states have equal powers and autonomy, India grants specific states and areas additional autonomy or special provisions under its Constitution
3. Fifth and Sixth Schedules of the Indian Constitution
- Tribal communities in India largely maintained their independence from earlier Muslim rulers, as their customary laws and lifestyles were left undisturbed. It wasn't until British rule that their traditional way of life began to change.
- The British introduced laws and forest policies that disrupted tribal control over forests and ancestral lands, limiting their rights and restricting their movement within forests. This led to significant tribal uprisings, such as the Kol rebellion (1831-32), the Santhal revolt (1885), the Munda Rebellion (1899-1900), and the Bastar rebellion (1911).
- In response to these uprisings, the British adopted a policy of ‘isolation’ toward tribal communities, formalizing ‘excluded’ and ‘partially excluded’ areas under the Government of India Act of 1935.
- The ‘excluded’ areas, primarily located in the hilly regions of the northeast, were governed by the local Governor, while in ‘partially excluded’ areas—covering parts of today’s Bihar, Bengal, Orissa, Madhya Pradesh, Uttar Pradesh, and Maharashtra—central and provincial laws applied but with certain modifications as determined by the Governors.
- The Fifth and Sixth Schedules of the Indian Constitution are based on these earlier provisions. The Fifth Schedule applies to ‘scheduled areas’ declared by the President, with factors such as high tribal populations, compactness, administrative feasibility, and economic backwardness considered for designation.
- Currently, 10 states have these ‘scheduled areas,’ where Tribes Advisory Councils (TAC) are established. These TACs, composed mostly of tribal legislators, advise on the welfare of Scheduled Tribes (STs), while the Governor, with central approval, regulates land distribution and moneylending in these areas. The Governor also holds the power to modify or exempt certain laws from applying to these regions.
- The Sixth Schedule applies to ‘tribal areas’ in Assam, Meghalaya, Mizoram, and Tripura, where Autonomous District Councils (ADC) have been formed. These ADCs, comprising 30 members, can make laws regarding land use, inheritance, customs, and more, with approval from the Governor.
- State laws are not applicable unless extended by the ADC. These councils manage local governance, including schools, healthcare, and infrastructure, and can impose taxes, grant licenses for mineral extraction, and oversee village courts for tribal disputes.
- While the Sixth Schedule grants greater autonomy to tribal areas through the ADCs, both the Fifth and Sixth Schedules aim to protect indigenous cultures and interests, while integrating these regions into mainstream development initiatives
4. Special Provisions of Northeastern States
- The Indian Constitution provides special provisions for certain northeastern states to address their unique social, cultural, and historical circumstances. These provisions, primarily outlined in Articles 371A to 371H and supplemented by the Fifth and Sixth Schedules, aim to protect tribal customs, local governance, and provide autonomy in specific areas
- In addition to the Fifth and Sixth Schedules, specific provisions for several northeastern states are outlined in Part XXI of the Constitution. These are found in Articles 371A (Nagaland), 371B (Assam), 371C (Manipur), 371F (Sikkim), 371G (Mizoram), and 371H (Arunachal Pradesh).
- These articles safeguard local customary laws and practices in Nagaland and Mizoram, require the formation of committees of MLAs from ‘Tribal Areas’ and ‘Hill Areas’ in Assam and Manipur, and assign special responsibilities to the Governors of Sikkim and Arunachal Pradesh for development and law and order
|
The Indian Constitution provides special provisions for certain northeastern states to address their unique social, cultural, and historical circumstances. These provisions, primarily outlined in Articles 371A to 371H and supplemented by the Fifth and Sixth Schedules, aim to protect tribal customs, local governance, and provide autonomy in specific areas. Here's an overview of these special provisions: Nagaland (Article 371A)
Assam (Article 371B)
Manipur (Article 371C)
Sikkim (Article 371F)
Mizoram (Article 371G)
Arunachal Pradesh (Article 371H)
Sixth Schedule
Fifth Schedule
|
5.Possible Solutions
- Despite the constitutional provisions, further reforms are still necessary. First, the autonomy granted to areas under the Fifth and Sixth Schedules often exists more in theory than in practice.
- In the Fifth Schedule areas, regulations made by the Governor require approval from the Central government, while in the Sixth Schedule areas, laws created by the Autonomous District Councils (ADCs) must be approved by the State Governor.
- Political differences between the Centre, State, and ADCs can hinder this autonomy when different parties are in power. Clear and consistent guidelines are needed to ensure that the true spirit of the Fifth and Sixth Schedules is upheld.
- Second, many Scheduled Tribe (ST) communities across the country, including those within and outside the 10 states covered under the Fifth Schedule, have not been designated as ‘scheduled areas,’ which denies them constitutional protections. These areas should be notified as ‘scheduled areas’ after proper review.
- Third, the 125th Constitutional Amendment Bill (2019), which is pending in the Rajya Sabha, aims to grant greater financial, executive, and administrative powers to the 10 existing ADCs.
- The Union government has agreed to form a committee led by the Minister of State for Home Affairs to address the issues delaying the bill's passage. This process should be expedited to ensure all stakeholders are satisfied.
- Fourth, the assemblies of Arunachal Pradesh and the Manipur Hill Area Committee have passed resolutions to be included in the Sixth Schedule, and there is also a growing demand for the Union Territory of Ladakh to be included. These requests should be carefully examined and addressed promptly to protect the rights of tribals in these areas.
- Lastly, the implementation of the Forest Rights Act, 2006, which recognizes and secures forest rights for tribals, must be fully enforced across the country, including in both Fifth and Sixth Schedule areas
|
For Prelims: Special Category Status, 14th Finance Commission, Bihar Castebased Survey, Raghuram Rajan Committee,
For Mains:
1. Examine the reasons behind the Central Government's reluctance to grant SCS to additional states. Discuss the implications of the 14th Finance Commission's recommendations in this regard. (250 Words)
|
|
Previous Year Questions
1. The status of "Special Category States" is given to certain states to target the fund flow for better-balanced growth. Which of the following states fall under this category? (UPSSSC Lower PCS Prelims 2016)
1. Rajasthan
2. Uttarakhand
3. Bihar
4. Jammu & Kashmir
5. Himachal Pradesh
6. Jharkhand
Select the correct answer using the codes given below:
A. 1, 5 and 6 B. 2, 4 and 5 C. 3, 5 and 6 D. 1, 3 and 6
2. With reference to the Fourteenth Finance Commission, which of the following statements is/are correct? (UPSC 2015)
1. It has increased the share of States in the central divisible pool from 32 percent to 42 percent.
2. It has made recommendations concerning sector-specific grants.
Select the correct answer using the code given below.
A. 1 only B. 2 only C. Both 1 and 2 D. Neither 1 nor 2
3. Based on the Sixth Schedule of Indian Constitution, with respect to the tribal areas of Assam, Meghalaya, Tripura and Mizoram Which of the following can the Governor of a State do? (DSSSB PRT General Section Officer 2019)
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
4. If a particular area is brought under the Fifth Schedule of the Constitution of India, which one of the following statements best reflects the consequence of it? (UPSC 2022)
A. This would prevent the transfer of land of tribal people to non-tribal people.
B. This would create a local self-governing body in that area.
C. This would convert that area into a Union Territory.
D. The State having such areas would be declared a Special Category State.
5. Article _____ of the Constitution of India deals with provisions related to the administration and control of Scheduled Areas and Scheduled Tribes. (SSC CGL 2020)
A. 222(1) B. 244(1) C. 244(2) D. 222(2)
6. The National Commission for Backward Classes (NCBC) was formed by insertion of Article ______ in the Constitution of India. (SSC CGL 2020)
A. 328B B. 338A C. 338B D. 328A
Answers: 1-A, 2-A, 3-C, 4-A, 5-B, 6-B
|
Source: The Hindu
