Northeast India, home to numerous diverse ethnic groups and located strategically with borders with Bhutan, China, Myanmar and Bangladesh. Historically, tribes of this region have seen “isolationist” policies of the colonial British who labelled many hilly tribal tracts of the Northeast as “wholly excluded” areas. While the tribal-dominated areas in what is commonly referred to as ‘mainland’ India are largely governed by the provisions of the Fifth Schedule, the States of the Northeast are covered by the Sixth Schedule of the Constitution as well as a host of other legal and administrative arrangements for the protection of tribal autonomy.
As early as 1929, the Nagas submitted a petition to the Simon Commission, asking for autonomy from the future Indian nation-state. Other tribes such as the Khasis and the Mizos called for self-governance on issues such as customary laws, control over resources and so on, while also demanding separation from the larger State of Assam. Several tribes including the Nagas, Mizos, Garos, Khasis and Karbis were (and, in some cases, still are) demanding a united homeland for all their fellow tribes people who are spread across several Indian States and even across international borders.
Some of the other demands made by tribes in this region are: protection against land alienation by settlers, continued authority of traditional Councils, and safeguards against the erosion of their cultures.
The British philosophy of maintaining status quo and isolation was replaced by policies of development and integration of the Northeast through the Sixth Schedule of the Constitution. The Schedule was drafted by a Sub-Committee of the Constituent Assembly called the Northeast Frontier (Assam) Tribal and Excluded Areas Sub-Committee headed by Assamese political leader, Shri. Gopinath Bardoloi. The sub-committee aimed to “…reconcile the aspirations of the hill people for political autonomy with the Assam government’s drive to integrate them with the plains”. The Sixth Schedule is entirely focused on protection of tribal areas and interests, by recognising self-governance through constitutional institutions at the district or regional level.
The Sixth Schedule provides for the creation of Autonomous District and Regional Councils and accords a host of legislative, executive and judicial powers to these autonomous bodies. It applies to certain tribal areas of the States of Assam, Meghalaya, Tripura and Mizoram. Apart from the Sixth Schedule, there are other constitutional provisions in the Northeast such as Article 371-A in Nagaland which provides autonomy on issues of religious and social practices, customary law, civil and criminal justice and ownership of land and resources.
Similar provisions are operational in the State of Mizoram under Article 371- G, although parts of Mizoram are also covered under the Sixth Schedule. Manipur is governed by Article 371-C as well as the Manipur (Hill Areas) District Council Act, although this does not compare with the considerable autonomy conferred on tribal areas by the Sixth Schedule. Additionally, traditional political institutions are present alongside constitutional bodies. These include the institution of Syiems among the Khasi, the Daloi among the Jaintias and Nokma among the Garos of Meghalaya, Khulakpa among the Nagas, and Haosa, Semang and Pachong amongst the Kukis of Manipur.
The following table outlines briefly the various legal and administrative structures in place in the States of the Northeast region:
Broadly, there are three types of legal typologies of administration of local self-government in North East States. These are Sixth Schedule Frame, State Legislation Frame, and National Frame. Sixth Schedule covers the entire Meghalaya except Shillong, parts of Mizoram, Tripura and Assam. Local Self Government of Nagaland and the non-Council areas in Mizoram fall under the State Legislation frame. Local self-government of Arunachal Pradesh, Sikkim, Manipur (excluding the hill area covered under Hill Area Autonomous Council) and non-Council areas of Assam and Tripura are covered under the National Frame.
Two types of Autonomous District Councils are found in the Northeast States. These are the Autonomous District Council set up under the Sixth Schedule and Autonomous District Council established by various Acts of the State Legislative Assembly which are not under Sixth Schedule. Assam has three Autonomous Councils under the Sixth Schedule: Dima Hasao District Autonomous Council (DHDAC), the Karbi Anglong Autonomous Council (KAAC), and the Bodoland Territorial Council (BTC). The entire State of Meghalaya except Shillong area is covered under the provisions of the Sixth Schedule of the Constitution. Meghalaya has three Autonomous District Councils under the Sixth Schedule of the Constitution. These are – Khasi Hills Autonomous District Council (KHADC), Garo Hills Autonomous District Council (GHADC), and the Jaintia Hills Autonomous District Council (JHADC). There are three Autonomous District Councils in Mizoram under Sixth Schedule. They all cover two administrative districts namely Lawngthlai and Saiha districts. These three Autonomous District Councils are the Chakma Autonomous District Council (CADC), the Mara Autonomous District Council (MADC), and the Lai Autonomous District Council (LADC). The Tripura Tribal Areas Autonomous District Council (TTAADC) is an independent Council administering the tribal areas of the State of Tripura under the Sixth Schedule.
There are other Autonomous Councils in Assam and Manipur. These are established by Acts passed in the State Legislative Assembly. Assam has 6 other Autonomous District Councils and Manipur has same number of Hill District Councils.
There are also special provisions envisaged in the Constitution of India which can be classified as “Temporary, Transitional and Special Provisions”.