What’s in Today’s Article?

• Background (Context of the Article)
• Federalism in India (Nature, Historical Context, 5^th & 6^th Schedule, Special Provisions, etc.)
• Conclusion

Background:

• Recently, Sonam Wangchuk, a well-known climate activist, was detained on the Delhi border while leading a protest aimed at pressuring the Central government to grant Ladakh inclusion in the Sixth Schedule of the Indian Constitution.
• This demand has been growing in Ladakh, where people seek greater autonomy and protection for their cultural identity.
• Similar demands have been made in states like Arunachal Pradesh and Manipur, where ethnic groups seek special provisions under the Constitution.

Asymmetrical Federalism - A Brief Overview:

• India's federal structure is often referred to as asymmetrical federalism, which means that not all states or regions in the country enjoy the same level of autonomy.
• Unlike symmetrical federations (such as the U.S. and Australia, where all states have equal powers), India grants more autonomy to certain areas due to historical, cultural, or ethnic reasons.
• This is particularly relevant for regions with large tribal populations, where local governance and autonomy are prioritized to preserve indigenous traditions.

Historical Context - British-Era Policies:

• The British colonial administration created ‘excluded’ and ‘partially excluded’ areas under the Government of India Act, 1935, to manage tribal regions separately from the rest of the country.
• The Fifth and Sixth Schedules of the Indian Constitution were inspired by these colonial-era policies to provide for greater autonomy in tribal regions.
• Excluded areas: These were mostly hilly regions in the northeast where local governance was heavily controlled by the British Governor.
• Partially excluded areas: These regions, now parts of states like Bihar, Madhya Pradesh, and Maharashtra, had limited intervention by provincial and central legislatures.
• The goal was to allow these regions to maintain their customs and laws while being gradually integrated into the mainstream.

Fifth and Sixth Schedules of the Indian Constitution:

• Fifth Schedule:
  • The Fifth Schedule of the Indian Constitution applies to areas designated as "Scheduled Areas."
    • These are typically regions with a significant tribal population, economic backwardness, and unique administrative challenges.
  • The following are key features of the Fifth Schedule:
  • Governance: Tribes Advisory Councils (TAC) are established in these areas to guide state governments on matters related to tribal welfare.
  • Land Rights: The Governor has the authority to regulate the transfer of tribal land and oversee money-lending businesses in these areas.
  • Modifications of Laws: The Governor can direct that laws enacted by Parliament or the state legislature do not apply, or apply with modifications, in these areas to safeguard tribal interests.
  • Currently, ten Indian states have designated Scheduled Areas under the Fifth Schedule.
• Sixth Schedule:
  • The Sixth Schedule is more expansive in terms of the autonomy granted to tribal areas.
  • It applies to certain regions in Assam, Meghalaya, Mizoram, and Tripura.
  • Here, Autonomous District Councils (ADCs) are formed to give greater control to local communities over governance. Key features include:
  • Autonomy in Governance: ADCs can legislate on matters like land use, inheritance, marriage, and social customs, provided their laws receive approval from the Governor.
  • Judicial Powers: ADCs are empowered to establish local courts to handle cases where both parties are members of Scheduled Tribes (STs).
  • Revenue and Taxation: These councils can collect land revenue and impose taxes on professions, trades, and other activities.
  • In short, the Sixth Schedule grants more executive, legislative, judicial, and financial powers to local bodies, offering greater autonomy than the Fifth Schedule areas.

Special Provisions for North Eastern States:

• Apart from the Fifth and Sixth Schedules, various north-eastern states enjoy special provisions under Article 371 of the Indian Constitution. These articles safeguard local customs and give special powers to local governments. For example:
• Article 371A (Nagaland) and 371G (Mizoram) protect local laws and practices, including customary law.
• Article 371B (Assam) and 371C (Manipur) establish separate committees in the legislative assemblies for Tribal and Hill Areas.
• These provisions are part of India’s effort to maintain the delicate balance between integrating tribal communities and preserving their unique identities.

Ladakh’s Demand for Sixth Schedule Status:

• Since Ladakh became a Union Territory in 2019, local leaders and activists have consistently raised the demand for special constitutional protections under the Sixth Schedule.
• Their argument is centered around the need to preserve the region's fragile ecosystem and protect the unique cultural identity of Ladakh’s people, who are predominantly tribal.
• Wangchuk and other activists believe that without such protections, the region could face exploitation of its natural resources and dilution of its cultural heritage.
• The demand aligns with similar calls from other regions that have significant tribal populations, such as Arunachal Pradesh and parts of Manipur.

Conclusion:

• Ladakh’s demand for inclusion in the Sixth Schedule of the Constitution reflects a broader desire for greater autonomy, cultural protection, and environmental preservation.
• As India navigates the complexities of managing its diverse tribal regions, constitutional provisions like the Fifth and Sixth Schedules play a crucial role in safeguarding indigenous rights.
• However, the implementation of these provisions and the need for further reforms remain critical to achieving true autonomy and inclusivity for tribal communities across India.