• India
  • Apr 28

Explainer / ADCs under Sixth Schedule

Assam governor Jagdish Mukhi on April 27 assumed charge of the administration of the Bodoland Territorial Council (BTC) after its term expired.

Elections to the 40 constituencies of the council, scheduled on April 4, could not be conducted in the wake of the lockdown imposed to contain the coronavirus outbreak.

“In view of the expiry of the term of the Bodoland Territorial General Council, governor Jagdish Mukhi has resolved to assume the administration of the BTC with immediate effect in public interest in exercise of powers vested in him under the Sixth Schedule to the Constitution of India,” a statement said.

The BTC’s jurisdiction is over four districts of Assam — Kokrajhar, Baksa, Chirang and Udalguri — and they are collectively known as Bodoland Territorial Administrative Districts.

Autonomous District Councils

The Sixth Schedule of the Constitution provides for administration and control of tribal areas and Scheduled Tribes of Assam, Meghalaya, Tripura and Mizoram. 

The tribal areas of these four states have been divided into parts constituting a list of autonomous districts and they are governed by Autonomous District Councils (ADCs).

If there are different Scheduled Tribes in an autonomous district, the governor may, by public notification, divide the area or areas inhabited by them into autonomous regions.

The administration of an ‘autonomous district’ is to be vested in a District Council and in the case of an autonomous region, in a Regional Council.

Most councils consist of a maximum of thirty members of whom not more than four persons shall be nominated by the governor and the rest shall be elected on the basis of adult suffrage. 

However, the Bodoland Territorial Council is an exception. It can have up to 46 members, of which 40 are elected and six are nominated by the governor. 

These councils are endowed with legislative, judicial, executive and financial powers and have complete freedom to allow village level bodies to run as per customary laws.

The functions of ADCs include:

* Making laws on land. 

* Management of forests (except reserved forests).

* Appointment of traditional chiefs and headmen.

* To administer justice and make rules regulating the constitution of village courts and their powers.

* To undertake development works like establishment and constructions of markets, fisheries, roads, waterways.

* To make regulations on trading.

* Issue of lease for extraction of minerals.

The District Councils and Regional Councils, within their respective territorial jurisdiction, constitute Village Councils or courts for the trial of suits and cases between the parties all of whom belong to Schedule Tribes. These councils may appoint suitable persons to be members of such Village Councils or presiding officers of such courts. In matters of appeal against the decisions made by Village Councils are heard by the respective District or Regional Councils or the Courts constituted by them.

Assam

In Assam there are three ADCs under Sixth Schedule. They are:

1) Bodoland Territorial Council

2) Dima Hasao ADC (also known as North Cachar Hills Autonomous Council)

3) Karbi Anglong ADC

Mizoram

Besides its eight districts, Mizoram comprises three ADCs. They are: 

1) Chakma ADC

2) Lai ADC 

3) Mara ADC

Meghalaya

Most parts of the state of Meghalaya come within the purview of the Sixth  Schedule of the Constitution of India. The state has three ADCs. They are:

1) Khasi Autonomous District Council (KADC)

2) Jaintia Autonomous District Council (JADC) 

3) Garo Autonomous District Council (GADC)

Tripura

In Tripura, there is only one ADC namely Tripura Tribal Areas Autonomous District Council (TTAADC). It has jurisdiction over areas of four revenue districts. The TTAADC encompasses 68.1 per cent of the state’s total geographical area.

Manorama Yearbook app is now available on Google Play Store and iOS App Store

Notes