The Sixth Schedule of the Indian Constitution provides a special system of administration for tribal areas in the North-Eastern states. It is mentioned under Article 244(2) and Article 275(1). Its main objective is to protect tribal identity, customary laws, land rights and self-governance through Autonomous District Councils and Autonomous Regional Councils. It currently applies to tribal areas in Assam, Meghalaya, Tripura and Mizoram.
The Sixth Schedule creates a model of decentralised governance. It allows tribal communities to manage local affairs while remaining within the constitutional framework of the State and the Union.
Key Features of the Sixth Schedule of Indian Constitution
- Autonomous District Councils and Regional Councils: Tribal areas are administered through councils. A District Council generally has elected members and a few nominated members.
- Legislative powers: Councils can make laws on subjects such as land, forests other than reserved forests, shifting cultivation, village administration, inheritance, marriage, divorce, social customs and traditional practices.
- Judicial powers: Councils can establish village courts or local courts for certain cases involving tribal communities.
- Financial powers: Councils can levy and collect certain taxes, fees and tolls. They also receive grants-in-aid under Article 275(1).
- Protection of tribal identity: The Schedule protects community land ownership, customary institutions and traditional governance practices.
In Assam, Sixth Schedule areas include Bodoland Territorial Region, areas under Karbi Anglong Autonomous Council and Dima Hasao Autonomous Council. These areas show how constitutional autonomy supports tribal representation and local governance.
Role of the Governor under the Sixth Schedule
The Governor plays a central supervisory and constitutional role in Sixth Schedule areas.
- Creation and alteration of autonomous areas: The Governor can create, reorganise, unite, divide, increase or decrease autonomous districts and autonomous regions.
- Nomination of members: The Governor can nominate members to the District Councils, especially to ensure representation of specific interests.
- Assent to Council laws: Laws passed by District or Regional Councils require the Governor’s assent before they come into force.
- Application of State laws: The Governor can decide whether a law passed by the State Legislature will apply to an autonomous district or apply with modifications.
- Commission of inquiry: Under the Sixth Schedule, the Governor can appoint a commission to examine the administration of autonomous districts and recommend changes.
- Power over councils in special situations: In cases of maladministration or political instability, the Governor can intervene. For example, in 2025, the Mizoram Governor imposed Governor’s rule in the Chakma Autonomous District Council under Sixth Schedule provisions after political instability and maladministration concerns.
Critical Reflection
The Governor’s role helps maintain constitutional supervision, peace and good governance. However, excessive gubernatorial control may weaken elected autonomous councils. Delays in assent to council laws, financial dependence and overlapping powers between the State government and councils also reduce the effectiveness of autonomy.
Conclusion
Thus, the Sixth Schedule is a unique constitutional mechanism that balances tribal autonomy with national integration. The role of the Governor is important in protecting tribal interests, supervising councils and ensuring constitutional governance. However, its success depends on respecting local self-rule, timely decisions, adequate finance and stronger democratic accountability in autonomous councils.
