The Sixth Schedule is a special provision in the Constitution of India that has provisions regarding the administration of tribal areas in the states of Assam, Meghalaya, Tripura, and Mizoram.

Autonomous District Councils (ADCs) have been established in the four northeastern states of Assam, Meghalaya, Tripura, and Mizoram under the Sixth Schedule of the Indian Constitution. All these Autonomous District Councils envisage the protection and preservation of tribal culture. The reasoning behind the establishment of ADCs is that ‘the relationship with the land is the basis of tribal or tribal identity.’ It gives control to the local tribal people over land and natural resources, their culture and identity which can be preserved, as these factors are very important. It determines the lifestyle and culture of the tribal people.

It is also to be noted that, this type of arrangement has resulted in conflicts between different groups, like between tribal and non-tribal communities. In addition, it undermines the social harmony, stability, and economic development of the state and region.

Special status to the areas included in the Sixth Schedule:

• This provision is provided under Article 244(2) and Article 275(1) of the Constitution.
• The Sixth Schedule was originally applied to tribal-dominated areas (more than 90% tribal population) of undivided Assam. Such areas were classified as "Excluded Areas" under the 'Government of India Act, 1935'.
• These ACDs are under the direct control of the governor.
• The Sixth Schedule provides for autonomous local administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram to protect the rights of the tribal population.
• The Sixth Schedule provides autonomy in the administration of these areas.
• These District councils are empowered to make their own laws with respect to the areas under their jurisdiction, including laws relating to land, forests, agriculture, heritage, indigenous customs and traditions of tribals, etc., and also have the right to collect some other taxes.
• ADCs function like very small states with specific powers and responsibilities in relation to all three branches of government (Legislative, Executive, and Judiciary).

What are the problems related to the Sixth Schedule:

• The Sixth Schedule discriminates against non-tribal residents in various ways and also violates their fundamental rights. Such as the right to equality before the law (Article 14), the right against discrimination (Article 15), and the right to settle anywhere in India (Article 19). This undermines Constitutional Rights.
  
  • This causes recurring conflicts and riots between tribals and non-tribals. This has led to the eviction of many non-tribals from the North Eastern states.
  • Significantly, since 1972 (20%) Meghalaya has seen a sharp decline in the non-tribal population (only 14% in the 2011 census).
  • Many non-tribal families in these areas live in an atmosphere of fear of violence. This condition of these families is a travesty of the right to life and personal liberty guaranteed under Article 21 of the Constitution.
• This provision of the constitution has promoted the establishment of multiple power centers instead of the actual introduction of autonomy in these regions.
  • Due to lack of coordination in governance, there is a constant conflict of interest between the District Councils (Zilla Parishads) and the State Legislatures.
  • Despite the formation of Meghalaya as a state, the entire state (except some parts in the capital Shillong) is still under the Sixth Schedule, which is a major reason for frequent conflicts with the state government.

• The restrictions imposed in the region under the Sixth Schedule act as a deterrent in the way of the success of the Act East Policy, which requires seamless connectivity and exchange within the North Eastern states.

'Inner Line Permit System' (ILP):

• The concept of Inner Line Permit system was introduced during the British colonial period.
• Inner Line Permit is a document and it is mandatory for even an Indian citizen (belonging to the rest of India outside this area) to visit or live in a protected area under the ILP system.
• The Inner Line Permit was introduced by the British Government under the 'Bengal Eastern Frontier Regulation Act, 1873' to protect the tribes of the eastern part of Bengal.
• Under the 1873 Act, the ILP was applicable only to three states in the Northeast – Mizoram, Arunachal Pradesh, and Nagaland. But in the year 2019, Manipur became the fourth state where the ILP system is implemented. The demand for ILP has consistently been made for the State of Meghalaya.
• Foreign tourists need a Protected Area Permit (PAP) to visit tourist places which is different from the Inner Line Permit required for domestic tourists.
• Under the 'Foreigners (Protected Areas) Order, 1958' all areas falling in the 'inner line' have been declared protected areas within the international boundary of the State.

Other Challenges:

• Since the establishment of the state of Meghalaya, 85% of jobs have been reserved for tribal people, as well as the transfer of land to any non-tribal person was prohibited.
• These legal barriers have affected the economic and social development of the non-tribal population living in the state for decades.

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