Context
Recently, the Union Ministry of Home Affairs proposed a unique governance model for the Union Territory of Ladakh that promises legislative protection under Article 371 of the Indian Constitution alongside a Union Territory with a legislature. This constitutional compromise has emerged because the Central Government remains hesitant to grant full Sixth Schedule status or immediate Statehood to the entire region, leading to continued deliberations with local civil society groups like the Leh Apex Body (LAB) and the Kargil Democratic Alliance (KDA).
1. The Sixth Schedule of the Indian Constitution
- Constitutional Basis and Scope: Enacted under Article 244(2) and Article 275(1), the Sixth Schedule provides for the administration of tribal areas in the Northeastern states of Assam, Meghalaya, Tripura, and Mizoram.
- Autonomous Districts and Regional Councils: It permits the creation of Autonomous District Councils (ADCs) and Regional Councils, which function as legislative, judicial, and administrative bodies within their designated boundaries.
- Legislative and Financial Autonomy: ADCs possess the constitutional power to frame laws on specific subjects, including land administration, forest management, inheritance of property, marriage, and social customs, subject to the assent of the Governor.
- Judicial Powers: These councils can constitute village councils or courts to try suits and cases between scheduled tribes, significantly insulating traditional customary laws from regular judicial hierarchies.
2. Article 371 (Special Provisions for States)
- Constitutional Basis and Scope: Located within Part XXI of the Constitution (“Temporary, Transitional and Special Provisions”), Articles 371 to 371-J provide tailor-made safeguards to meet the unique economic, cultural, and political requirements of specific states.
- Mechanisms of Safeguard: Unlike the uniform institutional framework of the Sixth Schedule, Article 371 provisions vary significantly by state. For instance, Article 371A (Nagaland) and Article 371G (Mizoram) dictate that no Act of Parliament respecting religious or social practices, customary law, or transfer of land shall apply to the state unless its Legislative Assembly so decides.
- Development Boards: In states like Maharashtra and Gujarat (Article 371), the President can mandate the establishment of separate development boards for specific underdeveloped regions (e.g., Vidarbha, Marathwada, Saurashtra, and Kutch).
- Flexibility for Ladakh: The application of a new clause under Article 371 for Ladakh would allow the Parliament to dynamically customize protections specifically targeting local employment quotas, land ownership restrictions, and environmental conservation without necessitating an ADC framework.
Q. Consider the following statements regarding the Sixth Schedule and Article 371 of the Constitution of India:
1. The Sixth Schedule applies uniformly to tribal areas across all Indian States and Union Territories that possess a tribal population exceeding fifty percent.
2. Under Article 371A (Nagaland) and Article 371G (Mizoram), Acts of Parliament relating to the ownership and transfer of land do not apply automatically without the concurrence of the respective State Legislative Assembly.
3. Autonomous District Councils constituted under the Sixth Schedule possess the legal power to establish village courts and try civil disputes based on tribal customary laws.
Which of the statements given above are correct?
A) 1 and 2 only
B) 2 and 3 only
C) 1 and 3 only
D) 1, 2 and 3
Solution
Correct Answer: B (2 and 3 only)
• STATEMENT 1 IS INCORRECT: The Sixth Schedule does not apply automatically to all tribal regions across India based on population thresholds. It is strictly restricted by the constitutional text under Article 244(2) to specific tribal areas within four Northeastern states: Assam, Meghalaya, Tripura, and Mizoram. Tribal areas in other states are administered under the Fifth Schedule.
• STATEMENT 2 IS CORRECT: Articles 371A and 371G provide a powerful form of asymmetric federalism. They explicitly state that parliamentary legislation concerning Naga or Mizo customary law, religious practices, civil/criminal justice procedures, and the ownership or transfer of land cannot apply to those states unless voted upon and approved by their respective state assemblies.
• STATEMENT 3 IS CORRECT: Autonomous District Councils enjoy judicial autonomy under the Sixth Schedule. They are constitutionally empowered to constitute village councils or courts for the trial of suits and cases arising between members of Scheduled Tribes, operating in accordance with the established customary law of the region.
