Autonomous Councils in Assam

Assam is home to a diverse and unique set of communities, many of which are indigenous tribal groups. Given their distinct socio-economic needs and cultural heritage, it became essential for the state to adopt measures that would allow for self-governance and the preservation of local customs. In response, Autonomous Councils were created, serving as key governance structures that enable tribal communities to manage their own affairs. These councils can be broadly classified into Sixth Schedule Autonomous Councils and Statutory Autonomous Councils. Both have specific roles, powers, and jurisdiction, impacting regional governance, local development, and tribal welfare.

This article explores the detailed framework and functions of these councils in Assam, including their legal foundations, constitutional backing, and operational mechanisms. It is essential reading for UPSC and APSC aspirants to understand the details of Assam’s administrative structure, as it frequently appears in the exams.

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Sixth Schedule Autonomous Councils in Assam – Constitutional Framework and Powers:

The Sixth Schedule of the Indian Constitution is a legal provision that addresses the governance of areas inhabited by indigenous tribes in Assam and other northeastern states. This Schedule grants autonomy to tribal regions by allowing for the creation of Autonomous District Councils (ADCs) and Regional Councils (RCs). These councils have significant powers over local matters, ensuring the preservation and development of indigenous communities.

Constitutional Backing:

• Article 244(2) and Article 244A empower the President of India to create Autonomous Districts and Regional Councils within the tribal areas of Assam, Meghalaya, Mizoram, and Tripura under the Sixth Schedule.
• Under Article 275(1), the Parliament is to provide financial assistance for the welfare of the Scheduled Tribes and raising the administration level in Schedule areas.
• Article 371B provides for special provisions regarding the administration of Assam, allowing for the creation of autonomous councils in tribal areas.

Key Features of Sixth Schedule Autonomous Councils in Assam:

• Autonomous Districts and Councils:
  • The Sixth Schedule allows the creation of Autonomous District Councils (ADCs) for districts where tribes constitute a significant portion of the population. These councils are empowered to legislate on matters specified in the Sixth Schedule, such as land management, cultural preservation, and local customs.
• Legislative and Judicial Powers:
  • The councils can enact laws on local issues such as land alienation, public health, social welfare, and local taxes. The judicial powers allow these councils to resolve disputes concerning customary laws and practices.
• Financial Autonomy:
  • The councils have the authority to levy taxes, collect revenue, and manage local funds. They are also entitled to grants from the central and state governments for development purposes.
• Executive Powers:
  • The councils have executive powers to implement laws, establish public services, and manage the day-to-day affairs of the district. These include overseeing local policing and the administration of justice under customary tribal laws.

Autonomous Councils in Assam Under the Sixth Schedule:

Assam has several councils that were formed under the Sixth Schedule, each responsible for addressing the issues of the indigenous tribal populations:

• Bodoland Territorial Region (BTR): BTR was established on 9^th February, 2003. Comprising five districts – Kokrajhar, Chirang, Baksa, Tamulpur and Udalguri, BTR covers an area of 8,970 km². The Bodoland Territorial Council (BTC), an elected body, administers the area. It has legislative powers over land rights, welfare programs, and economic development. Furthermore, its autonomy got an extension by an agreement signed in January, 2020.

• Karbi Anglong Autonomous Council (KAAC): The history of Karbi Anglong Autonomous Council can be traced back to 1940 when a group of energetic Karbi Youth formed an organization ‘Karbi Adurbar’ and initiated process for preservation of political and traditional identity of the Karbi people. This body stressed its demand for a local council with an independent set up of legislative and judicial functions. In 1951, the Government of India passed the bill for the creation of ‘United Mikir and North Cachar Hills’ district. The district was bifurcated into two districts – Mikir Hills and North Cachar Hills. On 14^th October, 1976, the Mikir Hill district was renamed as Karbi Anglong district. The district enjoys autonomy under the provision of Sixth schedule of the Indian Constitution. In 1996, the district was renamed as Karbi Anglong Autonomous Council. Later under an MoU, it was renamed as Karbi Anglong Autonomous Territorial Council. In 2015, the district was bifurcated into two districts – ‘Karbi Anglong’ and ‘West Karbi Anglong’. At present the Karbi Anglong Autonomous Council has jurisdiction over two full-fledged districts. The council handles issues related to local governance, land management, and tribal welfare.
• Dima Hasao Autonomous Council: Earlier known as the North Cachar Hills Autonomous Council (NCHAC), the Dima Hasao Autonomous Council administers the Dima Hasao autonomous district. The NCHAC was established in 1952 under the Article 244(2) of the Indian Constitution and it enjoys Sixth Schedule status. In 2010, the name of the council was changed to Dimas Hasao Autonomous Council. The council has 30 members of whom 28 are elected by the FPTP system and 2 members are nominated by the State Government of Assam. Almost all the departments of government are under this council except Police and Law & Order. The total area of the district is 4,890 sq. km. The major part of the district is covered by hills of Borail range. ‘Tumjang’ is the highest peak at 1,866 metres and ‘Hempeupet’ is the second highest peak at 1,748 metres. With jurisdiction over the Dima Hasao district, the DHAC is responsible for the welfare of the Dimasa tribe and other indigenous groups. The council focuses on education, infrastructure development, and preserving the local culture.

These councils, formed under the Sixth Schedule, have been instrumental in ensuring regional governance and preserving tribal rights in Assam.

Statutory Autonomous Councils in Assam – Legal Foundation and Functioning:

In addition to the Sixth Schedule Councils, Assam also has Statutory Autonomous Councils, which are established through specific legislative acts. These councils are created through state legislation, rather than constitutional provisions, and serve to manage the affairs of specific tribal groups or communities in the state. These Statutory Autonomous Councils are constituted for social, economic, educational, ethnic and cultural advancement of the scheduled tribe communities living in Core areas as well as in Satellite Areas covering many districts of Assam.

Key Features of Statutory Councils:

• Jurisdiction: These councils have jurisdiction over specific tribal or ethnic groups. These statutory councils enable them to manage matters like land rights, local governance, and community development.
• Limited Legislative Power: While statutory councils have legislative authority, it is generally limited compared to the councils formed under the Sixth Schedule. Their scope of action is primarily restricted to managing local affairs and ensuring tribal welfare.
• Representation of Tribes: Statutory councils are formed to address the specific needs of local indigenous communities, which might not fall under the constitutional provisions of the Sixth Schedule but still require administrative attention.
• Focus on Welfare and Development: The primary focus of statutory autonomous councils is the social, economic, and cultural development of tribal communities. They often implement government welfare schemes aimed at improving education, health, and infrastructure.

Examples of Statutory Autonomous Councils in Assam:

• Mising Autonomous Council: This Autonomous Council was established in 1995 under the provisions of Mising Autonomous Council Act. This council caters to the Mising tribe, one of Assam’s largest indigenous groups. It manages welfare programs and advocates for the rights of the Misings, especially regarding land rights and cultural preservation.
• Rabha Hasong Autonomous Council: The Assam Government constituted the Rabha Hasong Autonomous Council in 1995. It was constituted for development in the areas of economic, educational, socio-cultural and ethnic identity of the Rabha people and other tribal and ethnic groups within its areas.
• Tiwa Autonomous Council: The Tiwa Autonomous Council was established in 1995 under the Lalung (Tiwa) Autonomous Councils Act, 1995. It aims to protect the social, economic, educational and cultural interests of the Tiwa people.

Along with these, there are other statutory autonomous councils in Assam such as Deori Autonomous Council, Thengal Kachari Autonomous Council, Kamatapur Autonomous Council, Sonowal Kachari Autonomous Council. These statutory councils, though not as powerful as Sixth Schedule councils, still contribute significantly to the governance and development of indigenous communities in Assam.

Understanding Autonomous Councils becomes easier when linked with relevant current affairs and policy developments.

Challenges Faced by Autonomous Councils in Assam:

Despite their importance, autonomous councils, whether under the Sixth Schedule or statutory provisions, face several challenges that hinder their effective functioning. These challenges include:

• Limited Autonomy: Both Sixth Schedule and statutory councils often face constraints on their authority, particularly in areas related to financial independence and law enforcement. The overarching control of the state government limits their operational freedom.
• Political Instability: Political conflicts and factionalism within these councils can disrupt governance and impede progress in key areas such as infrastructure development, education, and welfare programs.
• Financial Constraints: Many councils struggle with inadequate financial resources, making it difficult to implement large-scale development projects. Dependence on the state and central governments for funding has been a major challenge.
• Infrastructural Limitations: Despite having authority over regional governance, councils often face difficulties in building and maintaining infrastructure, such as roads, schools, and healthcare facilities, which are crucial for the welfare of the population.

Conclusion:

Autonomous councils in Assam play a crucial role in managing the welfare of indigenous communities and ensuring regional governance. The Sixth Schedule councils have constitutional backing and considerable powers to legislate, while statutory councils, created through state legislation, address the needs of specific tribal communities. Both types of councils have contributed to the socio-economic development of Assam’s indigenous tribes.

However, these councils face challenges such as limited autonomy, financial constraints, and political instability, which need to be addressed for more effective governance. Understanding the structure, functions, and challenges of autonomous councils is crucial for UPSC and APSC aspirants. These topics often feature in the civil services examination. A strong grasp of Assam’s governance structure will not only help you succeed in your exams but also equip you to contribute meaningfully to the development of the region.

Sources:

1. https://assam.gov.in/government/410
2. https://wptbc.assam.gov.in/portlet-innerpage/autonomousdevelopment-council

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