Northeast: Whither Grassroot Democracy?

Northeast: Whither Grassroot Democracy?
By Rajesh Verma*
Publication: The Otherside, Vol. 21, No. 12, December 2008

The Northeast has seen the emergence of new states and a variety of autonomous and apex councils. The sixth schedule and other constitutional provisions relevant to the Northeast offer different degrees of autonomy and self-management to indigenous communities. While the 6th Schedule of the Constitution deals with the tribal areas, the Panchayati Raj Institutions (73rd Amendment) deal with the non-tribal areas. But Arunachal Pradesh, though tribal, is not covered by the 6th Schedule. The ADCs under the sixth Schedule exist in 10 districts of the Northeast. Nagaland never had ADCs but a constitutional amendment in 1963 introducing Article 371A enabled it to follow its customary law in civil matters. Presently the North-East India has, sixteen District Councils – three in Assam, three in Meghalaya, three in Mizoram, one in Tripura and six in Manipur.

Genesis of the Sixth Schedule in the Constitution

The Interim Government of India in 1947 appointed a Sub-Committee of the Constituent Assembly under the Chairmanship of Gopinath Bardoloi, Chief Minister of Assam. The Bardoloi Committee submitted its recommendations for a simple and inexpensive set-up (District Councils) of the tribal areas, which were later accepted and incorporated into the Article 244 (2) of the Sixth Schedule of the Indian Constitution. The Bardoloi Committee also made provision for Regional Council for the tribes other than the main tribe. This scheme sought to build up autonomous administration (District Councils and the Regional Council) in the hill areas of Assam (United Khasi-Jaintia Hills District, Garo Hills District, Lushai Hills District, Naga Hills District, North Cachar Hills District, and Mikir Hills District) so that the tribal people could preserve their traditional way of life.

Autonomous District Councils (ADCs)

The sixth schedule applies to tribal areas of Assam, Meghalaya, Tripura and Mizoram, which provides for an elected body of Autonomous District Council (ADC) with legislative, executive and judicial powers. The Autonomous District Council for which elections are held regularly once in every five years is empowered to make laws on land, forest, water, village or town administration, marriage and divorce, inheritance of property, social customs etc. The ADC is also empowered to decide whether an Act made by the Parliament or the State legislatures on the powers conferred on the Autonomous District Councils can be applied to the council area or not. It is also empowered to set up courts to administer justice within its jurisdiction. The Governor is vested with special powers for the administration of Scheduled Areas. He is empowered to exclude any Act of Parliament or of the State Legislature to the scheduled area by notification, or extend them with such exceptions and modification, which he thinks are necessary for peace and good governance. The Governor can issue notification repealing or amending any Act of Parliament or of the State Legislature or any existing law, if he thinks that these Acts/laws are detrimental to the interests of the tribals. Functionally, the Chairman and the Deputy Chairman act like the Speaker and the Deputy Speaker of a legislature. In the Sixth Schedule areas the village court or the Autonomous District Council (ADC) deals with civil offences.

Sixth Schedule: A far better instrument of self-rule

There are special laws, constitutional provisions such as the Fifth Schedule, Sixth Schedule and Article 371A, which seek to protect the traditions, lands and rights of various hill communities. Article 371 casts a special responsibility on the Governors for providing peace, good government and promotion of the welfare and advancement of the people. The Sixth Schedule is a far better instrument of self-rule than the Fifth Schedule. Its main feature is the creation of autonomous districts governed by Autonomous District Council (ADC), which has substantial executive, legislative and judicial powers. For example, it mentions that administration of justice should be based on codified customary law in Sixth Schedule areas. While Articles 370, 371A,(8) 371C(9) and 371F(10) made special provisions for ‘segmental autonomy’ with respect to the states of Jammu & Kashmir, Nagaland, Manipur and Sikkim; the Fifth and Sixth schedules establish ‘state-like institutions’ in certain ‘scheduled areas’ of the country. These institutions empowered through these articles and schedules were to provide certain ‘tribal’ communities a measure of ‘self-rule’ through the introduction of councils that would nurture the customary law, practices and traditional institutions.

Traditional systems in Meghalaya

The District Councils in Meghalaya are among the oldest in the country. There are the traditional ruling systems of Meghalaya viz. the Syiems (rajas) of the Khasis Hills, who signed the Instrument of Accession to India; the Dolois of the Jaintias and the Nokmas of the Garos. Of these three, the Syiems and their "courts" - Durbars [councils which traditionally deliberate on issues of concern, especially taxation, land rights, marriages etc.) with myntris (ministers).

The Dolois of the Jaintia Hills and the Nokmas, or traditional headmen of the Garos, are not as influential or well organized as the Syiemships, which still collect tithes, exercise their influence to arbitrate in disputes but have been marginalised in the political process by the State Legislature and the District Councils, especially the latter. It should be pointed out here that the Syiemships are a clan based political system more in the line of a feudal and monarchical political authority than tribal democratic traditions.

It could be cogently argued therefore that in Meghalaya, there are not two but three competing systems of authority - each of which is seeking to “serve” or represent the same constituency. The result has been confusion and confrontation especially at the local level on a number of issues.

Protection of Tribes in Assam

Assam made a number of interesting political forays in creative federalism. Non-territorial Apex Councils have been established to protect the identity of the numerically small Tiwa, Rabha and Mishing plains tribals scattered in non-contiguous clusters. This follows the earlier creation of new and more generously empowered Autonomous Councils for Karbi Anglong, Bodoland and the North Cachar Hills.

The process of protection began with the formation of the first District Councils in Assam, as far back as 1951. These District Councils were first set up as the United Mikir and Cachar Hills of Assam, comprising parts of the former districts of the United Khasi and Jaintia Hills as well as parts of the erstwhile Nogaon, Sibsagar and Cachar districts of Assam. Today, the Khasi, Jaintia and Garo Hills comprise Meghalaya State, which was announced in 1970; District Councils were formed in the State in 1972. The division of the composite State of Assam led to the drawing of new administrative boundaries. The North Cachar hills sub-division of the United Mikir and Cachar Hills District was upgraded to a district in 1970. The Mikir Hills District section was renamed as Karbi Anglong in 1976. Both districts have Autonomous Councils.

Panchayati Raj Institutions in Assam

Assam Government established two-tier system of Panchayati Raj Institutions in 1948. Legislative Assembly of Assam enacted the Assam Panchayat Act, 1959 which was enforced from 1960. This Act provided for a three-tier system with the Gaon Panchayat at the village level, the Anchalik Panchayat at the Block level, and the Mohkuma Parishad at the sub-divisional level.

Broadly in conformity with the Constitution (73rd Amendment) Act, 1992, the State Legislature enacted Assam Panchayati Raj Act, 1994. The new Act repealed the Act of 1992, and it extended to all the rural areas of Assam except for the areas under the Sixth Schedule of the Constitution. The Act of 1994 reintroduced a three-tier system of Panchayati Raj consisting of the Gaon Panchayats, Anchalik Panchayats and the Zila Parishad.

The Assam Panchayat (Constitution) Rules, 1995 specified the rules relating to conduct of Panchayat elections, election of members to represent district planning committees, delimitation of constituencies for the different tiers, determination of constituencies reserved for STs/SCs and women, and allied matters. A five year term was fixed for the Panchayati Raj institutions in Assam by the Act of 1994.

Bodoland Autonomous Council (BAC)

In February 1993, a Memorandum of Settlement, popularly known as the ‘Bodo Accord’, was hurriedly signed. The leadership of the Bodo movement agreed to the decision to set-up an “administrative authority within the State of Assam” within the framework of the Constitution to ensure social, economic, educational, ethnic and cultural advancement of the Bodos. The BAC could not succeed as it failed to satisfy the people of the region in terms of development and achievements. People started demanding for abolishing BAC and instead asked for greater autonomous body.

Bodoland Territorial Council (BTC)

The Bodoland Territorial Areas District (BTAD), within the state of Assam, was officially formed as per the Memorandum Of Settlement (MOS) signed between the Government of India, the Government of Assam and the Bodo Liberation Tigers (BLT) on February 10, 2003. In pursuance of MoS, the BTAD was constituted under the Sixth Schedule of the Constitution of India. Its jurisdiction extended over 8,970 sq. kms covering the four districts of Kokrajhar, Udalguri, Baska and Chirang. The Bodoland Territorial Council was given legislative, administrative, executive and financial powers over 40 subjects. A major thrust was given to the economic development of Bodoland to take forward the Central Government's agenda for peace and development in the region.
The Bodoland Territorial Council (BTC) which consists of 46 elected members (not 30 members as in the case of other ADCs), with its headquarter ‘Kokrajhar’, administers the entire BTAD. Today, Bodoland is internationally acclaimed as one of the most promising and regions in the world due to its phenomenal transformation from conflict-zone into peaceful region.

Local Self Governments in Nagaland

Constitutionally, Nagaland is a case apart, even from other North Eastern States with the passage of article 371A of the Constitution [enacted by the Constitution (Thirteenth Amendment Act), 1962] which specifies that no Act of Parliament in respect of (i) religious or social practices of the Nagas, (ii) Naga customary law and procedure, (iii) administration of civil and criminal justice involving decisions according to Naga customary law and (iv) ownership and transfer of land and its resources shall apply to the State unless its Legislative Assembly by a Resolution so decides. This provision gives such powers including the right to deny the Government of India prospecting/mining rights to the Nagaland Government which few other States have in India. In addition, the Governor of Nagaland has special powers to act with regard to internal disturbances, powers which are virtually unchallengeable. The administration of Tuensang District, in particular, has been singled out for special attention and direct control by the Governor in the Constitution [articles 371A(1)(d) and 371A(2)(a) to (g), both inclusive]. Setting up of a Regional Council for Tuensang is provided for [in sub-clause (d) of clause (1) of Art. 371A]. Further, there is the Nagaland Tribe, Area, Range and Village Council Act of 1966 which provides for the creation of such Councils - a tribal council for each tribe, an Area Council for Kohima and Dimapur, a Range Council where there is a recognized range in the Mokukchung and Kohima Districts and Village Councils for one or more villages in Kohima and Mokokchung, wherever they may be deemed necessary by the Deputy Commissioner.

The Nagaland Tribe, Area, Range and Village Council Act is a highly centralised piece of legislation which vests enormous powers in the person of the Deputy Commissioner of the respective districts and gives local bodies little or no effective role in managing their own affairs. Because of a complicated political situation, caused by turmoil, a sense of identity as well as violence, there is little sense of ownership of these systems. An exception, to a degree, is the innovative Village Development Board (VDB) scheme which was started in the 1970s. This was set up initially by the State Government to enable village councils to function effectively and autonomously, with some basic funds put at their disposal to use as they felt best. Later, the VDBs began receiving Central funds and currently about 1,000 of them are functional with assets totalling about 20 crore rupees.

Tripura

The Tripura Panchayats Act was passed in 2001. Tripura's Panchayats cover only one-third of the State. Two-thirds of the area is with the TTAADC under the Sixth Schedule.

The Tripura Tribal Areas Autonomous District Council (TTADC) was formed in 1985, a successor to an earlier Council area formed in 1982 under the Fifth Schedule and then transferred to the Sixth Schedule. Again, this was a paternalistic intervention to meet an ethnic demand for preservation of tribal rights in the face of what has been seen as a majoritarian flow. One must remember that Tripura was, till after independence, a dominantly tribal state. Migrations and settlements from East Bengal/East Pakistan made it a Bengali Hindu majority area. The TTAADC has 28 elected members; two are nominated by the Governor on the basis of the Chief Executive Members' recommendation. The nominated members must be tribals. The population structure of Tripura is two-third non tribal and one-third tribal of the total of 3.1 million (2001 Census, Provisional). Yet, the TTADC comprises two-third of the State's geographical size.

Mizoram

There are three Autonomous District Councils in Mizoram, viz. the Lai Autonomous District Council, the Mara Autonomous District Council and the Chakma Autonomous District Council. These are representative of numerically small populations of which the Lai is the largest with 40,000 persons. The percentage of Scheduled Tribes in each Council area is 98.7 per cent, 97.7 per cent and 100 per cent respectively.

There are demands from groups such as the Paites in western Mizoram, the Hmars (who already have a Hill Development Council) and the Brus (Reangs) for autonomous District Councils. This can be decided only through a process of political consensus but suffice to say that given the Memorandum of Settlement between the Government of Mizoram and the Hmar Peoples Convention (27 July 1994), the GOM agreed to extend the Sixth Schedule Provisions to the Hmar demand area. It has not been able to do so, despite many requests from the HPC. The cases of Paites and the Bru (Reangs) will also need to be reviewed in the light of this agreement. Otherwise, there is every possibility of radicalisation growing, especially among the youth. A difficult issue is that of the Bru, many of whom were evicted by a campaign against them. An estimated 40,000 have taken refuge in neighbouring Tripura. The Bru have demanded a separate autonomous council which is opposed by the State Government.

Manipur

Manipur adopted the Manipur Panchayat Act in 1994 and the most recent elections here took place in January 2001. The State Government has not devolved a number of the subjects to the Panchayats and elected members went on strike, demanding reinstatement of their rights. The 73rd and 74th Amendments are applicable only to those parts of Manipur which are in the plains and are yet to be fully implemented.

Manipur has been seeking Sixth Schedule status for its hill areas for decades and nothing much has come of it, leading to opinion that the demand was not really serious. The communities in the Hills of Manipur have traditionally comprised of about one-third of the total population of the State. Various Naga Tribes, including the Tangkhuls, dominate the Hills of Manipur. Manipur too does not have Scheduled areas but has some laws and district councils governing its Hill areas.

The Government of Manipur as per the provisions of the Manipur (Hill Areas) District Councils Act, 1971 passed by the Parliament constituted six Autonomous District Councils for the tribal people for the hill areas of Senapati and Sadar (Senapati district), Ukhrul, Chandel, Churachandpur and Tamenglong districts. These councils were outside the purview of the Sixth Schedule and were different from the ones formed under the Sixth Schedule in at least two ways. Manipur being promoted to full statehood was entitled to the provisions of the Fifth Schedule but no scheduled area was proclaimed there. ADCs in Manipur were established under the 5th Schedule of the constitution, unlike those in Mizoram (and other Northeastern states) under the Sixth Schedule. While the latter have extensive legislative, executive and judicial powers and secure sources of finance, 5th Schedule ADCs have little autonomy. First, no area was declared as ‘tribal area’ as in Assam, Meghalaya, and Mizoram; and secondly, these councils only had the status of territorial councils with some administrative control. Manipur’s tribal leaders have been demanding conversion of their ADCs to 6th Schedule status and have, since 1990, been boycotting ADC elections to press their demands. Keeping this in mind, the Government of Manipur passed a cabinet resolution demanding the imposition of the Sixth Schedule in these areas. The Hill Areas Committee of the Manipur State Assembly passed a resolution in 1974 recommending the replacement of district councils by the Sixth Schedule. Two successive state governments in 1991 and 1992 echoed this demand and recommendations were sent by the state government to the Centre. However, the issue still remains pending with the Government of India.

Sixth Schedule debate in Manipur

Can there be Sixth Schedule areas in Manipur? The public debate within Manipur is polarised on this issue. At one end of the spectrum are local committees like the Sixth Schedule Demand Committee of Manipur which states that though the Schedule is the best available mechanism to govern autonomous tribal areas, it needs to be further strengthened and improved. At the other end of the spectrum are the organizations of the two main tribes, i.e., the Kukis and Nagas, who see the Schedule as a means of suppressing the demands for a separate homeland. They want extension of Article 370 and amendment of Article 371 to maintain the 1949 territorial integrity of Manipur. The Meiteis, prefer the recognition of traditional village council structures instead of the Sixth Schedule. The Meities oppose the demand fearing further demand for statehood.

Arunachal Pradesh

In Arunachal Pradesh, there is also a traditional gathering of villagers known as the kebang, which meets to sort out problems. In some cases, it may be adultery, in others theft. Most tribes of Arunachal Pradesh follow their customary laws but the Sixth Schedule does not apply to them. The administrative system evolved under the British continues to be used. Arunachal Pradesh (erstwhile NEFA) is the first hill state of the Northeastern to have introduced the Panchayati System. The state introduced the Panchayats as early as 1969 though it was only in 1987 that Arunachal Pradesh attained the status of a full-fledged State. The Arunachal Pradesh Panchayati Raj Act was passed in 1994.

Shortcomings in ADCs

The District Councils have powers to make rules for the District Councils’ finances, taxes etc. The member in-charge of the finance is responsible for the management and control of funds. However, various financial irregularities committed by the councils are conspicuous. The grants-in-aid are misused by diverting under different heads, particularly in non-plan expenditure. Another reason for the inadequate performance of the Councils is their dependence on State Governments for financial grants and allotments. The District Councils neither enforce the tax regulations strictly nor realises the amount efficiently, resulting in meager tax returns.

The District Councils are empowered to establish, construct and manage primary schools and also prescribe their medium of instructions. Despite these, the rate of literacy among the tribesmen of the District Councils (Karbi-Anglong, North Cachar Hills and Kamala Nagar (Headquarters of Chakma District Council) is low and discouraging.

Some District Councils have failed to set up courts at village and other levels. The Karbi Anglong District Council could not create judiciary because of reluctance of the State Government to release fund. Most of the courts at the District Councils level manned by reject politicians or people without any judicial background or training. Many District Councils have not yet codified all customary laws in the autonomous districts. Customary laws are hardly observed.

One of the sources of finance of the District Councils is the share of royalty accruing each year from licenses and leases for the purpose of prospecting for or extraction of minerals granted by the State Government in respect of any area within the District Council. But the District Councils often allege that the share of royalty is not paid to the concerned District Councils regularly by the State Government.

Lack of coordination among ADCs and the State Governments

There is no provision for coordination of the activities of the District Council, the Regional Council and the State Government. The State has no power to review and assess the working of these councils except to approve their legislations by the Governor and to sanction loans and grants for development schemes. As a result, the councils do not surrender the unspent balances of the grants to the State Government.

The elected members in councils and the office-bearers, who are normally from the elite group of tribal society, have vested interests in preserving the exploitative structure and have created a class, which has cornered all the privileges. They have underminded the purpose of the Sixth Schedule to build a democratic edifice for the Councils. The Sixth Schedule has become an alibi for social freeze serving the few at the cost of majority.

Conflicting atmosphere

The Autonomous District Council is a body created by the Parliament. The Autonomous District Council is a body corporate and so such; it appears that the council may act independently of the State Legislature. But the position in actual practice is quite different. The Governor being the head of the State is also the head of the District council. He suspends any act or resolution of the District Council, which he thinks necessary including the suspension of the council. He may assume to himself all or some of the functions and powers of the councils for a period of six months. He may also dissolve the council on the recommendation of an Inquiry Commission.

Administrative complexities and contradictions characterise the order of local governance in various states in the Northeast, which are highlighted below.

Local Government Structure in the Northeast

State Panchayati Raj Institution (PRI) /6th Schedule/None

Assam Both PRI and 6th Schedule
Arunachal Pradesh Only PRI
Manipur Only PRI (some ADCs under 5th Schedule)
Meghalaya Only 6th Schedule
Mizoram Only 6th Schedule
Tripura Both PRI and 6th Schedule
Sikkim Only PRI
Nagaland None, Village Development Boards (VDBs)

Development Boards (VDs)

In spite of these limitations underlying the provisions of the Sixth Schedule this is also true that the District Councils and the regional councils have provided a fair degree of autonomy for the tribal people living in Assam, Meghalaya, Manipur and Mizoram. The real problem has been with its execution and true spirit and intent. Perhaps there is a need to train the members of ADCs in their tasks rather than strangulate their initiatives by amendments giving more power to the State Government. In the same vein the Governor’s discretionary powers need to be insulated from undue influence of the state governments.

It also needs to be understood that the Northeast is not a tribal-majority region. Tribals hold a majority of the non-productive land in the hills, but two-thirds of the regional population lives on one-third of the land.

* The author is a former Principal of Police School, Nagaland