The special status: Fifth and Sixth Schedule
Context:
Ladakh has been in news for its inclusion in the Sixth Schedule of the Constitution, to protect the interests of its indigenous population.
Relevance:
GS-02 (Government policies and interventions)
Dimensions of the Article:
- Understanding Asymmetrical Federalism
- Historical Context of the Fifth and Sixth Schedules
- Fifth Schedule and Its Framework
- Sixth Schedule and Tribal Autonomy
- Special Provisions for Northeastern States
- Challenges and Need for Reforms
- Ladakh’s Demand for Sixth Schedule Status
Understanding Asymmetrical Federalism
- Asymmetrical Federalism is a system where some regions and states are granted with extra autonomy than others.
- Unlike the United States, India follows the system of asymmetrical federalism.
- For instance, all those regions that are included in Fifth and Sixth Schedules of the Constitution have special provisions that grant them more autonomy to manage their affairs.
- Asymmetric federalism is important for a country like India to meet requirements of the diverse population, mainly tribal communities.
- Sixth schedule: Enjoy greater powers in managing land, culture, and local laws.
- Fifth Schedule: Receive limited autonomy but still hold significant importance for tribal welfare.
Historical Context of the Fifth and Sixth Schedules
- The roots of the Fifth and Sixth Schedules trace back to British colonial policies.
- Historically, tribal communities refrained themselves from the mainstream society.
- When the British started putting restrictions on the rights concerned with their own land and forest, it led to widespread discontent among the tribal populations resulting in many tribal uprisings like Munda and Santhal Rebellions.
- In order to pacify the tribals and manage their regions separately, the British introduced ‘excluded’ and ‘partially excluded’ areas under the Government of India Act, 1935.
- Later after Independence, the Fifth and Sixth Schedules modified on these provisions.
- They were designed to protect tribal rights and safeguard their lands while maintaining a degree of autonomy from mainstream legislative interference.
Fifth Schedule and Its Framework
- The Fifth Schedule applies to ‘Scheduled Areas’ in 10 Indian states: Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, and Telangana.
- It is awarded mainly for those regions that has significant tribal populations.
- The President of India declares the areas as ‘Scheduled Areas’ and the areas are selected based on various parameters: tribal population, economic backwardness, and geographical compactness.
- The Governor holds the power to regulate land transfers and business dealings in these areas, ensuring protection against exploitation.
- He is entitled to even modify laws passed by the Parliament or state legislature as per the needs of the Scheduled Areas.
- However, this autonomy is limited since regulations must receive approval from the Central Government.
Sixth Schedule and Tribal Autonomy
- The Sixth Schedule applies only to certain tribal areas in the north-eastern states of Assam, Meghalaya, Mizoram, and Tripura.
- Autonomous District Councils (ADCs):
- It is a statutory body that operates under the Governor, to ensure that these tribal regions maintain their own self-governance and protect their culture.
- The council makes laws on land management, customs, and even educational and healthcare institutions.
- The councils makes laws regarding land management, customs, and educational and healthcare institutions.
- This autonomy allows these regions to preserve their distinct identities and manage their affairs with limited interference from state governments.
- ADCs can also regulate key economic activities like mineral extraction and taxation.
Special Provisions for Northeastern States
- Part XXI of the constitution includes Article 371A for Nagaland, Article 371B for Assam, and Article 371C for Manipur, to give additional constitutional safeguards and to protect distinct cultural identity of the states.
- These articles protect tribal laws, social customs, and traditional rights unique to each state.
- Example: Nagaland and Mizoram enjoy special protections to uphold their customary laws, while Assam and Manipur have special legislative committees for their tribal areas.
Challenges and Need for Reforms
- The political difference between the State, Centre and the district councils interfere with the governance of the region, ultimately limiting benefits for these areas.
- Laws that needs to be passed must require Governor’s assent. And there have been instances when central and state government interferences have diluted governors autonomy.
- Many regions with significant tribal populations, such as parts of Arunachal Pradesh and Manipur, have still requested for inclusion under the Sixth Schedule, which needs to be addressed.
Ladakh’s Demand for Sixth Schedule Status
- Ladakh, a union territory since 2019, is currently seeking inclusion in the Sixth Schedule.
- Cause: Due to the fear that rapid development and the influx of outsiders could erode its unique cultural identity and resources.
- By granting Sixth Schedule status to Ladakh, it will have more powers over its land use, cultural preservation, and local governance.
Conclusion:
Although the Constitution provides significant protections to tribal communities through its Fifth and Sixth Schedules, some states and regions does not seem to cover under this umbrella. Hence, a balanced approach that combines autonomy, protection of rights, and integration into the broader development framework is the path for India’s tribal populations.
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