On May 10, after 66 days of protests, demanding statehood and Sixth Schedule-status for Ladakh, the protestors suspended their “climate fast” for the upcoming polls on May 20. The protestors plan to continue their hunger strike, after a new government is formed in early June, with the goal of bringing attention to their demand for legislation to protect Ladakh’s environment and culture.
Environmentalist Sonam Wangchuk, who is leading the protests, told Mongabay-India, “We hope not, but if needed, I will embark on another 21-day fast alongside thousands of youths to advocate for safeguards for nature and culture under the Sixth Schedule.”
Wangchuk began this 21-day hunger strike on March 6, terming it a “climate fast”. Since then, several others have joined in the protest. Wangchuk says the ruling Bharatiya Janata Party (BJP) promised to bring the union territory of Ladakh under the Sixth Schedule, twice. In the 2019 Lok Sabha elections, the BJP listed implementation of the Sixth Schedule for Ladakh as one of its top three priorities in its manifesto for Ladakh. The same promise was made ahead of the 2020 local elections for the Hill Development Council in Ladakh, which was won by the BJP.
“People supported them based on this (promise of Sixth Schedule provisions in Ladakh), and they were able to form a government. However, they forgot this when they came into power. After some ten rounds of meetings, the central government refused to bring Ladakh under the Sixth Schedule in March and then people decided to protest,” Wangchuk said, while talking to Mongabay-India.
What is the Sixth Schedule?
The Sixth Schedule of the Indian Constitution includes provisions for the administration of tribal areas in the states of Assam, Meghalaya, Tripura and Mizoram in northeast India. It establishes autonomous councils that have legislative, judicial, executive and financial powers to independently govern these areas.
The purpose of the Sixth Schedule is to protect the interests of the tribal populations in these northeastern states through autonomous governance.
There are a total of 10 autonomous councils under the Sixth Schedule, including three each in Assam, Meghalaya and Mizoram and one in Tripura.
An Autonomous District Council (ADC) is established for each autonomous district while Regional Councils (RC) are established where there are significant populations of other tribes, aside from the main tribe. Since the councils are organised based on tribal groups, if there are different Scheduled Tribes in an autonomous district, the Governor can divide the area inhabited by each tribe into autonomous regions through a public notification.
However, there are different arrangements in different states regarding the bodies below the Autonomous District Councils, says Sumarbin Umdor, a professor at the Department of Economics, North Eastern Hill University. “Below the ADCs, we have the Village Council. In Meghalaya, the Village Council is a traditional body, meaning it is formed by the local people within the locality, without direct elections. However, in Mizoram, elections are held for the Village Council,” he explains.
What special constitutional provisions does the Sixth Schedule provide for tribal areas?
The Sixth Schedule provides legislative, judicial and executive and financial powers to Autonomous District Councils (ADCs) or Regional Councils (RCs), which are bodies governing the tribal areas of Assam, Meghalaya, Tripura and Mizoram. The autonomous powers are intended to preserve the distinct tribal culture while promoting development. The councils are empowered to make decisions on land use, conservation, welfare and cultural preservation, with a push for sustainable development and grassroots governance.
Under the Sixth Schedule, the ADCs or RCs of these four states are authorised, with the Governor’s approval, to make laws on local governance including on land and forest management, water use for agriculture, village committees and matters such as police and health. They also have authority over the appointment of village chiefs, inheritance, marriage and social customs.
The ADCs and RCs also have judicial authority to establish and appoint members and presiding officers for Village Councils or courts exclusively for resolving legal disputes among Scheduled Tribes within their areas. These supersede any other courts in the state, with specific exceptions. The ADCs and RCs can also act as or establish separate Courts of Appeal in their jurisdiction to review decisions and outcomes of legal cases handled by the Village Councils or courts, in their areas.
Regarding executive power, ADCs and RCs have the authority to establish, construct, or manage primary schools, dispensaries, markets, cattle pounds, ferries, fisheries, roads, road transport and waterways in the district. The councils can also regulate and control these facilities. Additionally, they have the authority to determine the language and manner of primary education in district schools.
Other executive functions handled by the state government, such as agriculture, animal husbandry, community projects, cooperative societies, social welfare, village planning and more, can also be delegated to the Councils.
According to a 2009 report by the Second Administrative Reform Commission, that was set up to provide a blueprint for effective public administration, under the Sixth Schedule, Autonomous Councils take up an independent role in local development. However, the notion that they do not have a role in such matters has led to overlaps and conflict in the functioning of the state government and the councils. “State governments have been slow in transferring related executive powers and control over the corresponding departments to them (the councils). The State Governments have continued to retain parallel development and administrative apparatus under their own command,” notes the report.
When and why was the Sixth Schedule introduced?
The Sixth Schedule was part of the Indian Constitution that came into effect in January 1950. Its journey can be traced back a couple of decades.
The Government of India Act, 1935, that came into force during the British era in India, certain areas of the country, particularly those inhabited by tribal communities, were divided into two categories: Excluded and Partially Excluded Areas.
In Assam’s hill areas too, the region was primarily inhabited by Adivasis (indigenous people) and divided into these two categories. The Excluded Areas were administered solely by the Governor, who exercised discretion and was accountable to Parliament. In Partially Excluded areas, the Governor consulted Ministers for advice but was not bound to act upon it. Political activities were restricted in the Partially Excluded Areas.
Following India’s independence from the British, the hill tribes in Assam demanded regional autonomy which led to the formation of the North-East Frontier (Assam) Tribal and Excluded Areas Committee. The committee further recommended establishing District Councils for tribal areas and Regional Councils for tribes other than the main tribe of the region. These were later incorporated into the Sixth Schedule, providing for autonomous administration in hill areas.
The Sixth Schedule provisions were one of the early constitutional provisions, before the 73rd and 74th constitutional amendments, aimed at empowering the local tribal people, explains Sumarbin Umdor from North Eastern Hill University.
The discussion of governing tribal groups emerged during debates of the Constituent Assembly, the elected body drafting the Constitution of India. The Assembly considered whether the tribal groups would be directly integrated with the newly formed union of India, or whether it would be a gradual assimilation. The consensus was that there must be a separate provision, within the Constitution, for tribal areas to protect their unique culture and identity through self-governance, Umdor said in special reference to tribal population of Northeast.
After the Constitution was drafted in 1950, Interim Tribal Advisory Councils were set up in each hill district of Assam till the rules were framed in 1951 and 1952, with tribal representatives that were responsible for administration of the respective tribal areas.
Why is Ladakh seeking inclusion in the Sixth Schedule?
Ladakh’s demand for inclusion in the Sixth Schedule is for autonomy to make and have say in the laws of the union territory, with the intention of sustainable development and protecting its unique environment and the culture of the tribal people. About 97% of Ladakh’s population is estimated to be tribal.
People of Ladakh want a say in the rules that govern their union territory and they think Sixth Schedule status could help with that, explained Sonam Wangchuk in a conversation with Mongabay-India.
Wangchuk highlights the Himalayan region’s vulnerability to climate change. Melting glaciers lead to water scarcity and frequent floods, exacerbating environmental challenges. Without sufficient precautions, life in these mountains will become increasingly difficult. “We have two appeals: one for global citizens to change lifestyles to mitigate local hardships. Simultaneously, local and national governments can provide autonomy to local people, as provided by provisions like the Sixth Schedule, empowering indigenous communities to manage their mountains sustainably and ensuring democratic decision-making and progress,” he said.
Jigmat Paljor, the coordinator of the Apex body, Leh, an association of local people that is engaged in ongoing talks with the Ministry of Home Affairs of union government, explaining Ladakh’s quest for Sixth Schedule status.
Before 2019, as part of Jammu and Kashmir, Ladakh enjoyed constitutional safeguards under Article 370 and 35A. However, their revocation left the Ladakh people without legislation to protect their land, culture, and jobs, and their statehood was reduced to a Union Territory without a legislature. Seeking alternatives, Ladakh sought safeguards and legislative powers. Article 244A, under the Sixth Schedule, was identified as offering both.
Wangchuk says that they are hopeful that the new government will consider their demand and there will be a happy ending to this whole struggle.
What is the difference between the Fifth and Sixth Schedule?
While both the Fifth and Sixth Schedules of the Constitution deal with the administration of scheduled areas and tribal areas, they apply to different regions and have different provisions. Geographically, Sixth Schedule applies to Assam, Meghalaya, Tripura and Mizoram while Fifth Schedule applies to states other than these four, with dominant tribal population. While councils under the Fifth Schedule advise on matters regarding advancement of tribal rights in a state, the Sixth Schedule provides for more autonomy, with councils having the power, under the Constitution, to make laws on specific subjects.
C.R. Bijoy, an independent researcher and expert on democratic governance, explains that the provisions under the Fifth and Sixth Schedules, both arise from Article 244 of the Constitution regarding administration of scheduled areas and tribal areas. According to Article 244 (1), the Fifth Schedule shall apply to the administration and control of the scheduled areas and scheduled tribes in any state of India, other than the states of Assam, Meghalaya, Tripura and Mizoram. Article 244 (2) states that the Sixth Schedule shall apply to the administration of the tribal areas in the northeastern states of Assam, Meghalaya, Tripura and Mizoram.
“However, the Sixth Schedule is unique in that it establishes the ADC or RC as institutional mechanisms for governing their respective areas. These councils derive all their powers and functions directly from the Constitution. Often referred to as a ‘state within a state,’ they are granted with legislative powers over certain subjects within these areas, as listed in the Constitution,” explains Bijoy.
He further adds, “The Fifth Schedule grants the Governor of the state, where scheduled areas are located, the power to prevent or modify any law passed by the Parliament or assembly and to enact laws for good governance in those areas. It also established Tribal Advisory Councils to advise the Governor. In 1996 the Panchayats (Extension to Scheduled Areas) Act (PESA) was passed. PESA empowers the habitation level Gram Sabhas in Scheduled Areas requiring the structures above to follow the Sixth Schedule pattern which none of the states have complied with till date. Moreover, the structures above the Gram Sabhas are not to encroach into the powers of the lower structures.”
Talking about why Ladakh is demanding Sixth Schedule and not Fifth Schedule, Paljor explains that while the Fifth Schedule areas are governed by the Panchayati Raj and Zilla Parishad without any legislative power, the Sixth Schedule areas are overseen by Autonomous District Councils. Ladakh already has autonomous Hill Development Councils and integrating them into the Sixth Schedule would grant them similar powers.
In 2019, the National Commission for Scheduled Tribes (NCST) found that 97% of Ladakh’s population consists of tribes and it suggested that Ladakh be placed under the Sixth Schedule of the Constitution.
An expert requesting anonymity suggests that the central government hesitates to grant Ladakh Sixth Schedule status due to security concerns. The fear is that that once the rules are established, control over land, forests, and other natural resources will shift to the council, says the expert. However, Bijoy and Paljor disagree, noting that community ownership would enhance control over natural resources and governance. Previously, the government has entertained similar demands, such as the proposed bill to include the Gorkha Hill Council, Darjeeling, in the Sixth Schedule in 2007. Additionally, a National Commission to review the working of the Constitution recommended the inclusion of hill districts of Manipur in the Sixth Schedule area.
(Courtesy: Mongabay, a nonprofit environmental science and conservation news platform.)
