Thursday 4 July 2013

SIXTH SCHEDULE



The Government of India on November 30, 2007, approved the creation of a new autonomous self-governing council called Gorkha Hill Council, Darjeeling (GHC), in place of Darjeeling Gorkha Hill
Council in West Bengal under the Sixth Schedule.
107th Constitutional Amendment Bill was to be introduced in the parliament to amend Articles,
244 and 332 and the Sixth Schedule of the Constitution of India.
The Constitution of India contains twelve schedules which provide details about various aspects on
the con-tents of the Constitution. Sixth Schedule of the constitu-tion contains provisions to the
administration of tribal areas in the States of Assam, Meghalaya, Tripura and Mizoram.
Art. 244(1) also mentions these provisions.
There are nine Tribal Areas in four parts spread over the States of Assam, Meghalaya, Tripura
and Mizoram which are to be administered in accordance to the Sixth Schedule of the
Constitution.
Part-I: 1) The North Kachar Hills District.
2) The Karbi Anglong District.
Part-II: 3) The Khasi Hills District.
4) The Jaintia Hills District.
5) The Garo Hills District.
Part IIA: 6) Tripura Tribal areas District.
Part III: 7) The Chakma District.
8) The Mara District.
9) The Lai District.
These Tribal areas are to be administered as autonomous districts.
The autonomous districts are not to be outside the executive authority of the State concerned but
there are provisions for the creation of District Councils and Regional Councils for the exercise of
certain legislative and judicial functions.
These councils are primarily representative bodies and have the power of law-making in
certain specified fields such as management of a forest other than a reserved forest,
inheritance of property, marriage and social customs.
The Governor of concerned state may confer upon these councils the power to try certain
suits or offences.
These councils have power to assess and collect land revenue and to impose certain specified
taxes.
Laws made by District and regional tribal councils are to be effected only on the Governor’s
assent to them.
The State Legislature can not make law on the matter over which the District and Regional
Councils are empowered to make laws in these tribal areas unless the relevant District Council
so directs by public notification.
In matter of application of Central and State Acts, the President of India and the Governor of
concerned State is empowered to direct that an Act of parliament or of the State Legislature
shall not apply to on autonomous district or shall apply only subject to exceptions or modifications as he may specify in his notification.
The District and Regional Council in the States of Assam, Mizoram, Meghalaya and Tripura
possess Judicial Power of both civil and criminal nature which is subject to the Jurisdiction of the
High Court as the Governor may time to time specify.

Though the constitution of India recognizes the set-ting up of Tribal autonomous councils under
Sixth Schedule of the Constitution in the States of Meghalaya, Mizoram, Tripura and
Assam, but later on autonomous tribal councils in other states were also set up through the
parliamentary statutes.
Darjeeling Gorkha Hill Council was formed in 1988, in the State of West Bengal through an
agreement between the Central Government of India, the West Bengal Government and the
Gorkha National liberation front.

BODOLAND


Bodoland is an area in the north bank of Brahmaputra river in the State of Assam in the north-east region of India, by the foothills of Bhutan and Arunachal Pradesh and inhabited predominantly by Bodo language speaking ethnic group.
Currently the map of Bodoland includes the Bodoland Territorial Areas District (BTAD) administered by an autonomous Bodoland Territorial Council (BTC) which was established on February 10, 2003.
Area of Bodoland overlaps with the districts of Kokrajhar, Baksa, Chirang and Udalguri in the State of Assam.
Kokrajhar town serves as the headquarter or Capital of Bodoland.
Since Independence, there have been regular demand for seperate Bodoland by several organisations
in which some demanded seperate Statehood within the Indian Union while other demand soverein Bodoland for the Bodo People in Assam. The National Democratic Front of Bodoland (NDFB) was one such organisation.
All Bodo Students Union (ABSU) un-der the leadership of Upendranath Brahma started a movement for an independent State of Bodoland in 1987.
Bodo Liberation Tiger Force (BLTF) was a militant organisation, founded under Hagrama
Mohilary in the early years of 90’s decade for the demand of a seperate State of Bodoland.
Bodoland Territorial Council under the Sixth Schedule of the constitution was established on February
10, 2003 after the conclusion of Memo-randum of Settlement with Bodo Liberation Tiger
Force (BLTF), which laid down their weapons on December 6, 2003 and its chief
Hagrama Mohilary was sworn in as the Chief Executive Member of the Interim BTC on
December 7, 2003.
At present Bodoland Territorial Council (BTC) is a 46-member body. The area under the BTC
Jurisidiction is called Bodo Territorial Autonomous District (BTAD), the council enjoys
autonomy and control over certain specified matters.
The Bodo Territorial Autonomous District (BTAD) is spread over the area of 27,100 Km2,
which is 35% of Assam.
Extension of Sixth Schedule provision to Bodoland was the first instance of covering non-hilly tribal
area under it.

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